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(영문) 서울중앙지방법원 2020.05.29 2020고정844

전자금융거래법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. The case where the defendant does not pay the above fine shall be 10.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

On August 26, 2019, the Defendant listened to the horses that “the Defendant sent a check to withdraw the interest on the subject to the lending,” and delivered one physical card connected to the Bbank account (C) in the name of the Defendant, to the bearer of Kwikset in front of the E-mail in Seoul, via Kwikset.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written petition;

1. Details of account transfer; and

1. Reports on internal investigation (verification of sights for damage and of account for accident);

1. Investigation Report (Listening to Suspect A’s Statements) - Part one copy of the Statement of Restriction on Account Integration Trade [The term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means lending the means of access to enable a temporary other person to use the means of access without managing and supervising the user of the means of access while receiving, requesting or promising compensation, and “compensation” refers to economic benefits that correspond to the lending of the means of access (see Supreme Court Decision 2017Do16946, Jun. 27, 2019). The application of statutes to the extent that the Defendant promised to obtain an opportunity to receive a loan while having promised to obtain the opportunity to obtain a loan, and opening a physical card linked to the account held in the name of the accused constitutes lending the means of access while receiving and promising to receive compensation.]

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

2. Articles 70(1) and 69(2)3.