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(영문) 서울서부지방법원 2019.11.26 2019고단3175

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

Criminal facts

No person shall borrow or lend a means of access for electronic financial transactions, or keep, deliver or distribute a means of access when demanding or promising to receive any consideration.

Nevertheless, the Defendant:

1. On January 17, 2019, upon receipt of a proposal from the person who was absent from the name of the face-to-face, “to pay KRW 800,000 won per day if he/she borrowed the passbook. to pay KRW 2.4 million for three days.” On January 18, 2019, around 15:00, he/she notified Kwikset Service Articles in the name-to-face, who sent the name unclaimed in Eunpyeong-gu Seoul, to the Defendant’s bank account (D) and sent the password to Kwikset Service Articles in the name unclaimed.

2. On January 18, 2019, at around 20:00, the Defendant’s name (H) bank account in the vicinity of the main station of the Gangnam-gu Seoul Gangnam-gu, the advertising text message called “F” received a proposal that “the request for the lending of loans by making transaction records” from the person under whose name it was named, “F” and “F” notified the password of the personal identification card connected to the IF bank account (J) in the name of the Defendant. < Amended by Act No. 15183, Jan. 18, 2019>

As a result, the Defendant promised two means of access in return for an intangible benefit of money or a loan, and lent two means of access to name.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of the results of transfer, replys following the execution of each warrant of search, seizure, and verification, copies of bankbooks, and a detailed statement of the I Association account;

1. Application of the Acts and subordinate statutes concerning the closure of counselors and the contents of conversation;

1. Relevant Article and the choice of punishment for a crime: Each provision of Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Incompetence] is that the means of access leased by the defendant is used for telephone financial fraud crime, thereby causing damage.