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(영문) 창원지방법원 2020.03.20 2020고단306
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 the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

On July 22, 2019, the Defendant: (a) obtained a loan from an infinite person who assumes the name of the lender in front of the guard room of C Apartment, the Defendant’s residence located in Chang-si, Chang-si; (b) “The principal and interest of the loan will be obtained in the name of the personal account; (c) sent the check card to us; and (d) opened the check card and password connected to the Defendant’s name to the National Bank in the name of the Defendant via Kwikset Service Delivery Board.

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a petition, a statement of entry, a transaction statement, and data on financial transaction information;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender, the first offender, etc.);

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