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(영문) 서울중앙지방법원 2020.08.11 2020고정923

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend or borrow a means of access in return for promising to receive compensation.

Nevertheless, on November 19, 2019, the Defendant received a proposal stating that “When sending a card connected to the account, it will create a transaction performance and make a loan.” On the same day, around 19:00 of the same day, the Defendant sent a physical card connected to the Defendant’s new bank account (C) in the front of the Gangnam-gu Seoul Metropolitan Government department store B department store, and then sent a copy of the physical card connected with the Defendant’s name to the bearer and notified the password by telephone.

As a result, the Defendant promised to make the processing performance and to lend the means of access used in electronic financial transactions in return for the intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement and petition filed by the police against D;

1. Application of remittance certificate or Kakao Stockholm messages statutes;

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

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.