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(영문) 인천지방법원 2019.03.06 2018고단5501
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2018, the Defendant stated that “The Defendant would lend KRW 5 million to an account without connection with credit,” and even though he knew that such loan was made by an abnormal and illegal means, he did not at all verify the personal information of the under-paid person, the place of work, the institution which would provide the loan, and whether he actually belongs to the institution that would provide the loan, and did not confirm the authenticity of the loan promise. The Defendant did not check the authenticity of the loan promise. In addition, the Defendant did not at all specify the time and place of return of the cash card sent by the Defendant, as well as the response method if it did not return it to a specific address (it did not send the cash card, etc. to Kwikset service, which was sent to Kwikset, and thus did not check the address of the recipient, the office location, etc., and received the cash refund from the Defendant’s account holder at the time of payment suspension on three occasions on March 2013, 2013.

The term "as soon as possible" was followed.

Therefore, even if the Defendant sent the means of access connected to the Defendant’s account, he had sufficiently recognized that he would not use the said means of access in an unlawful purpose and return it to the said unlawful purpose.

Nevertheless, on April 2018, the Defendant was connected to the bank account (E) in the name of the Defendant in the insane of Michuhol-gu, Incheon.

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