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(영문) 부산지방법원 서부지원 2020.05.08 2019고정1013

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

In using and managing the means of access, no one shall lend the means of access in return for consideration, except as otherwise expressly provided for in other Acts, despite the fact that the defendant, at around May 2018, he/she received a proposal from a person who misrepresents himself/herself as a lending staff member and then sent a physical card to him/her, and around May 17 and 00 on May 28, 2018, he/she sent one physical card connected to the bank account (C) in the name of the defendant at the post office located in North-gu Busan Metropolitan City, Chungcheongnam-gu Busan Metropolitan City, to the Dongdaemun-gu Seoul, where the non-member of the physical card was notified of the name of the defendant, and made a telephone conversation with the non-member of the name and made a password known.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the provisions of the Act and subordinate statutes governing the provision of financial transaction information (19 pages of investigation records), the submission of suspect documents, Kakao Stockholm details;

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;