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(영문) 서울중앙지방법원 2021.02.09 2020고정2202

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

On December 4, 2019, the Defendant sent a e-mail card, etc. via the tele-gram Messenger from a person who misrepresents the lending company’s staff at a non-permanent location via the tele-gram Messenger.

Then, Kwikset Service Articles, who sent the above name in front of the Seoul Dongjak-gu apartment B apartment settlement, have opened a e-mail card and an OTP card connected to the Defendant’s bank account in the name of the Defendant, and around that time, sent a e-mail certificate connected to the above account using C bank display case’s e-mail to the above name in the name, and sent the e-mail identification number and the e-mail identification number to the above account through the tele-gram e-mail.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the inquiry of customer information and details of entry and departure transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;