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(영문) 광주지방법원 순천지원 2018.05.03 2017고단2922
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

[2017 Highest 2922] No person may lend an access medium with a promise to use and manage an access medium unless otherwise specifically provided for in other Acts.

Nevertheless, on May 2017, the Defendant promised to receive KRW 2 million from his name-free persons from his name-free persons before his name-free persons in order to use Kwikset's service to build a physical card card connected to his name-free persons under the name of the Defendant's Saemaul Bank account (B).

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

[2018 Height 573] No person shall transfer or take over any access medium, such as an electronic card, etc., used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Nevertheless, around October 11, 2017, the Defendant heard the word of sending a thesis passbook to allow loans from a person who assumes a false name who assumes the name of the Nong Dog Capital counselor, and then gave consent thereto, around October 11, 2017, the Defendant issued a physical card connected to the new bank account (C) opened in the name of the Defendant at the front of the National Pension Management Corporation, Gong-dong, Gong-dong, Gong-dong, Gong-dong, Kakkkset-si, and one password to the above person.

Accordingly, the Defendant transferred the access media used in electronic financial transactions to others.

Summary of Evidence

[2017 Highest 292]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Response to a request for financial transaction information;

1. A detailed statement of telephone communications [2018 highest 573];

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit certificate;

1. Articles 49(4)2 and 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a means of lending an access medium) regarding criminal facts; Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade (a point of transfer of an access medium).

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