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(영문) 울산지방법원 2019.10.31 2019고단1539 (1)
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act by the Ulsan District Court on June 21, 2018, and the said judgment became final and conclusive on August 29, 2018 and is currently under suspension of execution.

No person shall, in using and managing the means of access, lend them with the knowledge that they are to be used for a crime or to be used in such crime.

On November 30, 2010, the Defendant was sentenced to suspension of indictment for violating the Electronic Financial Transactions Act at the Changwon District Prosecutors' Office, and was sentenced to suspension of indictment on March 23, 201 by the Hongsung Branch of the Daejeon District Prosecutors' Office for the violation of the Electronic Financial Transactions Act. On November 28, 2014, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court for the violation of the Electronic Financial Transactions Act. On May 11, 2015, the Defendant received a summary order of KRW 3 million from the Changwon District Court’s Changwon Branch Branch Branch to the violation of the Electronic Financial Transactions Act. On March 15, 2017, the Defendant was subject to a summary order of KRW 3 million for the violation of the Electronic Financial Transactions Act from the Busan District Prosecutors’ Office for the violation of the Electronic Financial Transactions Act. On August 21, 2018, the Defendant knew that the means of access was used for other financial transactions.

Nevertheless, around January 17, 2019, the Defendant received a proposal from a person who was in non-exploited name to grant a loan of up to KRW 13 million,00,000,000,000 from each month. The Defendant accepted the check card and password to be used for the payment of interest on the loan, and then, on January 24, 2019, received it from the above-exploited name-exploited name-exploited name-exploited name-exploited name-exploited name-exploited name-exploited name-exploited name-exploited name-exed name-exploited name-exploit

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

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