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(영문) 서울북부지방법원 2020.11.06 2020고정1357

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a password, a user number registered with a financial institution or an electronic financial institution, etc. necessary to use a cash card or cash card which is the means of access to an electronic financial transaction to any third person for consideration.

Nevertheless, around October 17, 2018, the Defendant: (a) received a proposal from an unsatisfying person who assumes a game company’s staff member in front of the Seoul Northern-gu, Gangnam-gu, Seoul; (b) that “if an account needs to be borrowed due to tax reduction or exemption problems, it shall be used at least four times a day; and (c) KRW 1,500,000 per annum per one time, the Defendant provided a means of access to electronic financial transactions by delivering one physical card connected to the Defendant’s mother C’s one bank account (D) to the unsatfy person who sent the above unsatfy person; and (d) promised to provide compensation by informing the above unsatfy person of

Summary of Evidence

1. Defendant's legal statement;

1. E’s authenticity and written statements;

1. Confirmation of the results of transfer of telephone finance, and the application of statutes on response data;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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;