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(영문) 광주지방법원 순천지원 2019.06.27 2019고단812
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer a means of access, receive, request or promise to transfer a transaction request in electronic financial transactions or to provide a user number, an electronic card or any other similar information registered with a financial company, etc. used to secure the authenticity and accuracy of the user and the details of the transaction, and a password necessary for the use thereof.

On January 3, 2019, the Defendant received a proposal from one-person B, who became aware of a mobile phone advertising text, to send a physical card necessary for the deposit of loans in connection with the computer chain work, and agreed to do so. On the same day, the Defendant sent a copy of the physical card linked to the bank account (E) opened in the name of the Defendant to C using the home line at the net 1/24-day office of the same day at the net 1/300 per annum, and then sent a password to C by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The details of deposits, details of transactions, data on account tracking, details of account transactions, etc., text notes and G dialogue [the “loan of access media” refers to the act of lending the means of access to enable any other person to use the means of access without managing and supervising the means of access when receiving, demanding or promising the payment (see Supreme Court Decision 2016Do8957, Aug. 18, 2017). According to each evidence of the judgment, the Defendant was offered to “one-person B” to provide loans, and the Defendant sent a so-called electronic chain that connects the 2p account with the e-mail card by using the e-mail card to deposit it into the e-mail card, thereby hearing the speech that he/she would deposit it into the e-mail card.

In light of this, C is engaged in electronic linking work with the defendant's check card.

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