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(영문) 광주지방법원 순천지원 2020.04.28 2019고단2705
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 10:20 on May 31, 2019, the Defendant accepted the proposal that “a loan will be granted to KRW 6 million on a face-to-face loan by lending the principal and interest of the loan,” from a person who has not been named on his name, and then, at around 16:10 on the same day, the Defendant sent a physical card connected to the Defendant’s name B’s account (C) at the Gamyang-ro 889-ro Mayang-ro 16:10 on the same day, to the Gamyang-ro 20-ro 42, Gangdong-gu, Seoul, as instructed by the bearer of the name-to-face card, and sent the password of the above physical card to the Gamdong-ro 20-ro 20-ro and the name-to-be person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as customer information inquiry table;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (with regard to recognition of and anti-competences, and taking into account the first offense);

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