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(영문) 서울남부지방법원 2020.11.12 2020고정1110

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall 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, on June 7, 2019, the Defendant received a proposal that “I would make a loan. However, our country must send a down-line card so that I can receive interest and principal.” On the same day, the Defendant sent a e-mail card connected to the Defendant’s bank account in front of the E convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, through Kwikset Service Articles, sent a copy of the e-mail card to the above person under the name of the Defendant, and notified the Kakao Kao of the password.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. The Defendant of a transfer receipt argues that he only received and delivered an explanation that it is necessary to pay the principal and interest of the loan, and that he did not have an intention to lend the physical card to a person who has failed to obtain the name. However, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, the Defendant was aware of the password at the request of a person who has not received the means of access, but appears to have not specified the other party’s basic information, namely, the basic information about the lending company, namely, the specific information and the details of the loan agreement. The Defendant did not determine the specific time, place, method, etc. of the recipient which was returned later at the time of the delivery of the means of access, and the Defendant was properly loaned from the financial right.