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(영문) 수원지방법원 2020.06.16 2020고정381

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, at a place where the location is unknown on July 9, 2019, borrowed the means of access by delivering physical cards and passwords connected to the Defendant’s new bank account under the Defendant’s name in front of the Defendant’s residence, to the third party, and promising to pay 200,000 won per month, in return for lending of the passbook for one year through the Defendant’s name in return for the lending of the passbook. In response, around 14:00-15:00 on July 12, 2019, the Defendant promised to provide the means of access by delivering the physical cards and passwords connected to the Defendant’s new bank account under the name of the Defendant in front of the Defendant’s residence.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (three persons, such as account holder F, etc.), and a report on the results of an investigation;

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;