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(영문) 춘천지방법원 원주지원 2019.05.01 2019고단160
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or store, deliver or distribute the means of access in receiving, demanding or promising any compensation.

Nevertheless, at around 12:00 on November 13, 2018, the Defendant received a call from a name-free person who assumes the “C agency” and received a loan by accumulating transaction performance by accumulating the transaction performance, and then, at around 16:28 on the same day, notified the name-free person of the DNA account number “E” in the name of the Defendant, and then sent a new OTP creation machine connected to the said account to a female who sent the name-free person.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of each detailed Act and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (i.e., confessions, initial crimes, etc.);

1. The offense of violating the Electronic Financial Transactions Act is not included in an offense against which an application for compensation may be filed, so the instant application for compensation is inappropriate (Articles 25(1) and 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings);

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