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(영문) 창원지방법원 통영지원 2020.07.22 2020고정36

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 used in electronic financial transactions, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.

On July 25, 2019, the Defendant promised to “to give a loan to a lender on the face of a bank by sending a physical card” from a person who misrepresents his/her employees, and consented to it. On the same day, at the workplace of the Defendant in the second floor of B building B at the same day, he/she sent a physical card connected to the Defendant’s future deposit account (C) through Kwikset Service, and notified the password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of Acts and subordinate statutes to the copy of the statement of transfer, copy of reply, and copy of each reply;

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;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the means of access transferred by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, has caused damage as a result of the use of the means of access for “singing,” and the fact that the defendant is the primary offender, and the conditions