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(영문) 서울서부지방법원 2018.11.15 2018고단1413
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person of 2018 shall transfer or take over any electronic financial transaction access medium, or lend or receive any consideration therefor in return for the transfer or acquisition of such medium, or receive any lease.

The Defendant, on February 5, 2018, has the honor to Company B, from a person in unsound name on February 5, 2018.

Upon receiving a proposal to the effect that he/she will give KRW 3 million on three days if he/she lends his/her physical card due to tax issues, he/she sent the physical card in his/her name at the D office located in Seongdong-gu Seoul Metropolitan Government through a door-to-door line with the one bank account (E) in the name of the defendant at around 15:00 on the same day.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Except as otherwise expressly provided for in any other Act, no person of the 2018 Highest 2527 shall borrow or lend any access medium, or store, deliver or distribute such medium, in using or managing access medium used for electronic financial transactions.

On February 6, 2018, the Defendant: (a) received a letter from a person in the name of 13:00, stating that “the phone calls start at 070,070, to provide loans”; (b) received a telephone and smartphone camera, and sent a physical card that can be deposited and withdrawn from a person under his/her name via the Kakao Stockholm, a program; (c) repeatedly entered the check; and (d) granted a loan of KRW 5,00,00,000 to use the said physical card for the purpose of deducting the principal and interest of the Plaintiff.”

8. Around 18:00, at around 18:00, he/she sent a physical card connected to the Saemaul Treasury Account (Serial H) in front of the Gwing Factory located in Seongdong-gu Seoul, to a person with no name, via Kwikset Services, and notified the password of the said card using the above Kakao Stockholm.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

"2018 Highest 1413".

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