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(영문) 대구지방법원 경주지원 2020.02.19 2020고정2
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided, no one may borrow or lend a means of access while receiving, demanding or promising any compensation in order to make any transaction request in financial transactions or to secure the authenticity and accuracy of users and transaction details.

On April 29, 2019, the Defendant obtained the Defendant’s mobile phone name “to pay KRW 1.50,000 per day if he/she lends his/her name, and KRW 4.5 million per month,” through the Defendant’s mobile phone name, and consented thereto, thereby informing the Defendant of the Defendant’s authorized certificate, password, and theOTP password, and then lent the Defendant’s new bank account (C)’s Internet banking in the name of the Defendant to “B” directed by the Nonindicted Party of the Internet bank’s mobile phone name.

Accordingly, the Defendant received compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Application of the Acts and subordinate statutes governing text messages and A's Kakakao Stockholm dialogue content;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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