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(영문) 울산지방법원 2020.08.18 2020고단947
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall lend any means of access, such as an electronic card and password, in promising compensation.

Nevertheless, around November 24, 2019, the Defendant, upon receipt of a proposal from a nameless person who misrepresented B to “to lend a physical card to increase the credit rating if the Defendant sent it,” decided to lend the physical card and password of the account in the name of the Defendant to the above-known person. On the 25th day of the same month, Kwikset used Kwikset’s service in front of the name bank account in Ulsan-gun, Ulsan-gun, U.S., Seoul to lend one check and password connected to the Defendant’s name bank account (D) to the above-known person.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The Defendant and the defense counsel merely lent the Kakao Kakao Kakao Card to the Defendant’s deception of the victim’s name, and they did not lend the above Kaka Card. Thus, the Defendant’s act of recording the criminal facts in its judgment does not constitute “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act. The term “loan of access media” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending the means of access to the means of access to the use of the means of access without any supervision and supervision of the user of the means of access while receiving, demanding or promising the payment, offering or promising the payment, and providing electronic financial transactions. “Price” refers to the economic benefit corresponding to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). The court duly adopted and investigated the evidence by this court, namely, the Defendant under the following circumstances: (i) the Defendant’s name of contact point between B and B.

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