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(영문) 울산지방법원 2020.02.04 2019고정817
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 one shall lend any means of access, such as an electronic card and password, in promising compensation.

Nevertheless, on April 2019, the defendant extended a loan to 20 million won from a person who was not the name of the defendant. Accordingly, upon receiving a proposal, the defendant's bank card and password of the account in the name of the defendant, the defendant agreed to lend it to the above person who was the name of the defendant.

On April 13, 2019, according to the above agreement, the Defendant, at the vicinity of the defendant's house located in the north-gu, Ulsan-si B, Ulsan-si, the Defendant, using his home line, sent a physical card and a password connected to the new bank account (C) in the name of the defendant, to the above person in whose name the defendant was named.

As a result, the Defendant promised to pay for, lent the physical card and password, which is a means of access, to the above person who is not aware of the name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of details of transactions, search and seizure warrant, correspondence, and duplicate statutes;

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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