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(영문) 광주지방법원 2020.05.13 2019고단5578
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 one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with any other person shall provide such means of access.

Nevertheless, around March 12, 2019, the Defendant received a text message from a person who was named in the name of the deceased, “C. I will lend money according to the interest rate of 3%,” and sent a physical card (including the password) connected to the DDR account in the name of the Defendant to a place designated by the above person who was named in the name of the deceased, through Kwikset service article.

As a result, the Defendant promised to receive intangible expected profits for future loans by increasing the transaction performance, and lent the means of access to the name in favor of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Certificates of confirmation;

1. Application of a detailed statement of account transactions (E) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was subject to a disposition that is unsuspected, but there was a suspicion of violating the Electronic Financial Transactions Act in 2012, under investigation by an investigative agency, and despite the fact that the Defendant was subject to a disposition of suspension of indictment due to the suspicion of violating the Special Act on Telecommunications-based Financial Fraud Loss Prevention even in 2018, the Defendant committed the instant crime, and the means of access leased by the Defendant was used for the Bophishing fraud.

However, it is believed that the money has been deposited and withdrawn through the means of access that the defendant led to confession.

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