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(영문) 서울중앙지방법원 2020.10.14 2020고정1289
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

On December 23, 2019, the Defendant accepted the proposal that “When sending a e-mail card, it is intended to create and lend a transaction performance of the processed process” from a person who assumes the position of D bank staff at the Defendant’s office in Gangnam-gu Seoul apartment and the Defendant’s office, and then, accepted it, the Defendant sent a e-mail card connected to the E (F) account in the name of the Defendant to the apartment mail in which the Defendant resides according to the direction of the name in the name in the name in the name in the name of the Defendant, and then sent the e-mail card to the name in a way that Kwikset service article collects the above e-mail and notified the above person of the password number necessary for withdrawal.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Application of Acts and subordinate statutes on the police statement of the defendant to the statement of the defendant to H on the statement statement of the defendant to the police statement of the defendant to the statement statement of the defendant to H (the case where the police statement of the defendant is attached to the E A account reply data), the report of internal investigation (the case where the defendant is identified and commissioned to the E account A), the report of internal investigation (the case where the defendant submitted the victim Kakao Stockholm data), the certificate of transfer confirmation

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access provided by the Defendant was used for the crime of licensing fraud.

The crime of Bosing fraud takes part in a systematic and functional role, and the defendant is not liable for the act of lending a means of access essential for the completion of the above crime.

There are many damages to victims.

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