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(영문) 서울남부지방법원 2019.07.15 2019고단1589

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access used in electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 9, 2019, the Defendant issued a proposal to the effect that “to obtain a loan at low interest” from a person in secret name who assumes the name representing B Bank Loan Team C, and that “to create the details of the deposit in the account in the name of the principal if he/she takes over the e-mail card,” and issued a letter of e-mail card connected with B Bank Account in the name of the Defendant, one e-mail card connected with B Bank Account in the name of the Defendant, one e-mail card connected with B Bank Account in the name of the Defendant, one e-bank card connected with B Bank Account in the name of the Defendant, one e-bank card connected with the name of the Defendant, and two kwikset Co., Ltd., through Kwikset Service, to the above e-H column in Seoul.

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 not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of trade-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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;