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(영문) 서울서부지방법원 2020.01.22 2019고단3900

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 24, 2016, the Seoul Western District Prosecutors' Office accepted a proposal that the Defendant would have a false transaction performance from a person who was unaware of the name of the original site to obtain a loan, and notified the account number in the name of the defendant, and then received a disposition of suspension of indictment on October 24, 2016 on the ground that the money acquired by the person who was unaware of the name of the defendant was deposited into the above defendant's account and delivered it to the above defendant's account.

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access used to issue a transaction request in any financial transaction or to secure the authenticity and accuracy of the details of such transaction with users and users, or to keep, deliver or distribute a means of access.

Nevertheless, when there is no way to obtain a normal loan due to a personal rehabilitation, the Defendant accepted a proposal from the person who was unaware of the name of the living site to mobile phone on July 18, 2019 that "a person is a lending company of personal funds, which will loan up to 7 million won with a monthly low interest," and "a person send a so-called card to verify", and around July 19, 2019, the Defendant notified Kwikset service article of the password card's password and the account number connected to the Defendant's name B bank account (C) in front of the new village in Mapo-gu Seoul Metropolitan City. < Amended by Presidential Decree No. 23514, Jul. 19, 2019>

Accordingly, the Defendant promised to make an intangible consideration of a loan as above and lent a means of access in the name of the Defendant to a person who is unaware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

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

1. Statement of D police statement;

1. A certificate of the results of electronic financial transfer of B Bank A;

1. Details of transactions of entry and withdrawal in B banks;

1. Previous convictions as indicated in the judgment: 1.1.1.1.1.