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(영문) 서울서부지방법원 2016.10.12 2016고단1857
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall receive, request or promise any consideration and lend any means of access used in electronic financial transactions.

Nevertheless, around April 15, 2016, the Defendant: (a) made a telephone call with an unqualified person and sent the phone call to “to obtain a loan, it is necessary to verify the details of the payment, the period of service, etc.; (b) to increase the lending limit by accumulating the financial transaction records; and (c) on the same day in front of Mapo-gu Seoul, Seoul, the Defendant sent one check card connected to the national bank account (Account Number: D) in the name of the Defendant to Kwikset.

As a result, the Defendant promised to obtain intangible expected profits that will be able to get a loan in the future through the details of transactions of high deposit and withdrawal, and lent the means of access to a person who is named.

Summary of Evidence

1. Partial statement of the defendant;

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

1. E statements;

1. Application of Acts and subordinate statutes, such as confirmation;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument 1) The Defendant is not guilty of violating the Electronic Financial Transactions Act, since the Defendant delivered a e-mail card to a person who is not a person who is named in the name. (2) The Defendant did not promise to obtain any intangible expected profit that can receive a loan in the future by raising the credit rating through the details of transactions of high-amount deposit and withdrawal. (2) The above intangible expected profit cannot be deemed as profit, and (3) even if such expectation profit can be viewed as above in domestic affairs, it cannot be deemed as the benefit from lending the means of access, i.e., the benefit from lending the means of access, and thus constitutes a crime of

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