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(영문) 창원지방법원 진주지원 2019.01.09 2018고단1416
전자금융거래법위반
Text

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

except that 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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On June 25, 2018, the Defendant: (a) received text messages from the person who was named “C Team leader” as an employee of the lending company “B” to whom the credit was omitted; (b) contacted the above person in the name of the Plaintiff on the same day on or around 16:02; and (c) made a loan to the above person in the name of the Plaintiff, “B company is a consulting company specializing in the issuance of the head of Maner; (d) the working lending company is a company specializing in the issuance of the head of Maner; and (e) to receive the loan, it is necessary to create a transaction performance, such as the details of payment, and obtain a large amount of annual salary; and (e) it is necessary to use the check card without sending the check card.

At around 12:20 on June 26, 2018, the Defendant, despite being aware that the above card was used for an offense such as illegal loan, borrowed the means of access in return for promising to receive any intangible expected profit that can be received in the future loan by packaging one physical card connected to the F Account (G) under the name of the Defendant in Jinju-si, and using it in the name of the above party. On the same day, the Defendant provided H message with the account number and password to the above party.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the I;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act that choose a penalty;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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