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(영문) 서울북부지방법원 2019.09.20 2019고정938
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, no one may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on February 21, 2019, the Defendant received the call from a person without his name, stating, “The Defendant will provide a total of 3 million won per day with the 50,000 won per 60,000 won.” On the same day, around 16:00 of the same day, the Defendant sent Kwikset service articles sent by the above person without his name to the D Association (number : E) account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The document prepared by the F and statement of damage;

1. Investigation report (a CCTV investigation by human branch office);

1. Provision of financial transaction information;

1. Each certificate of transfer;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

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