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(영문) 서울남부지방법원 2020.08.19 2020고정1084

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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 any other Act.

Nevertheless, the Defendant heard on December 2019 that “When sending a credit card, if the credit status is doubtful, it will be confirmed that the bank service will be properly conducted and then will be done.” The Defendant’s statement to the effect that “if the credit status is sent, it will be confirmed that the credit status is proper, it will be done.” The same month.

7. At around 19:00, at around the residence of the defendant in Guro-gu Seoul Metropolitan Government, a physical card linked to the company bank account (C) under the name of the defendant sent one copy of Kwikset Service article to the name partner, and notify the password and the account number to Kwikset.

As a result, the Defendant promised to make an intangible expectation profit that can receive a future loan, and lent the means of access to a person with no name.

Summary of Evidence

1. Application of Acts and subordinate statutes on the statement of the police concerning D's legal statement of the defendant, damage transfer;

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 selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;