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(영문) 울산지방법원 2020.08.13 2019고정828

전자금융거래법위반

Text

Defendant

A A shall be punished by a fine of KRW 5 million and by a fine of KRW 7 million, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. In using and managing the means of access used in electronic financial transactions, no defendant A may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, during the period from June 19, 2018 to June 21, 2018, the Defendant lent to L the passbook, physical card, password, and passbook connected to the E BankF account in the name of the Defendant, and the H Bank I account in the name of the Defendant, the passbook, the OTP instrument, and the password connected to the J Bank K account in the name of the Defendant, and received one million won in return.

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving compensation.

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

Nevertheless, in a place where it is difficult to know less than Ulsan, the Defendant lent a passbook, password, etc. connected to the M Bank N account in the name of the Defendant to L, as shown in the attached list of crimes, and borrowed the means of access, such as passbooks, OTP equipment, and password, connected to the 11 bank account in total from around 2018 to April 12, 2018, and received a total of 4 million won in return.

Accordingly, the Defendant lent the means of access used in electronic financial transactions while receiving compensation.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol and statement of the police officer regarding L;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act;

1. The defendants of the ordinary concurrent crimes are the defendants B of Articles 40 and 50 of the Criminal Code.