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(영문) 울산지방법원 2020.11.04 2020고정553
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 November 2019, the Defendant received a proposal from a person who was unaware of the name of a police officer, and agreed to lend the physical card and password of the account in the name of the Defendant to a person who was unaware of the name. On November 201, 2019, the Defendant lent the physical card and password connected to the bank account in the name of the Defendant to the above person who was unaware of the name. On the 27th day of the same month, the Defendant lent the physical card and password to the above person who was unaware of the name.

Summary of Evidence

1. Application of the defendant's legal statement D's written deposit transactions (A's bank in the name of the Republic of Korea);

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not against the punishment for the crime committed by the defendant lending the physical card. However, the first crime is the first crime, the loan was possible by the Bosing staff, and the crime of this case was committed by Bosing staff, as well as all of the sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., shall be considered as a whole, and it is decided as per the order by reducing the fine amount

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