beta
(영문) 서울동부지방법원 2020.05.26 2019고정1400

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, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, around August 7, 2019, the Defendant received a call from a person who was unaware of his name to the effect that “a loan is possible from three million won as an individual credit service provider, and the company should directly withdraw the expenses such as interest, etc.,” and lent the above physical card by way of delivering a physical card connected with the Defendant’s bank account (E) in the name of the Defendant before the Seoul Songpa-gu Seoul Metropolitan Government, through Kwikset Service.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A certificate of damage transfer;

1. Application of Acts and subordinate statutes to the copies of G-related documents for investment in a damaged amount;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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;