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(영문) 대구지방법원 서부지원 2020.03.31 2019고단2829
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation for the use and management of the means of electronic financial transactions, and shall knowingly borrow or lend a means of access for a crime or be used for a crime, or keep, deliver or distribute a means of access.

Nevertheless, around June 12, 2019, the Defendant called "B Financial Support Center" from a name-free person who assumes the position of "B" employee to "be granted a loan with a credit rating of 30 million won by creating a transaction statement of deposit and withdrawal with a e-mail card, and raising the credit rating of 30 million won." Although the Defendant was unable to obtain a loan with the Defendant's credit, the Defendant made a false transaction performance and received a so-called "illegal working loan" by deceiving the lending company by raising the credit rating by raising a false credit rating, and around June 13, 2019, at a post office located in Daegu-gu 7-dong, Seo-gu, Seoul Metropolitan City (S) and the E-bank account (F), the Defendant sent two e-mails cards connected to each of the Defendant's account (D) and the E-bank account (F) to the above name-free person, and notified the password to the Kakao x.

As a result, the Defendant promised to receive compensation and lent a means of access knowing that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to inquire into details of transactions, replies related to the provision of financial transaction information, written applications for deposits, specifications of transactions, copies of passbooks, copies of passbooks of C bank advertisements, text messages exchanged with loan business operators, data to close down a Kakao Kakao conversation, mobile phone calls, details of text messages sent, and details

1. Relevant Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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