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(영문) 서울서부지방법원 2019.10.18 2019고단2264

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

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, unless otherwise specifically provided for in Acts.

On March 6, 2019, the Defendant: (a) received a proposal to the effect that “on the face of sending the physical card and password,” and accepted it; (b) around March 7, 2019, the Defendant sent the physical card, which is a means of access connected to the SCB account in the name of the Defendant at the 3-dong Postal Office in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to the address where the name was not known by the person who received it; and (c) sent it to the address where the name was not known by the person who received it.

In this respect, the defendant paid the means of access to his name in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on personal financial transactions;

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

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse (limited to a reasonable circumstance) is that the defendant recognized a mistake and reflects it.

[Unjustifiable circumstances] The means of access leased by the Defendant was used for the crimes of Bosing.