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(영문) 서울중앙지방법원 2020.05.26 2019고정2824
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access in receiving, demanding or promising any compensation.

On July 30, 2019, the Defendant: (a) heard the phrase “a bank account in the name of the Defendant (hereinafter “CF”) in the 1st floor of the Gangnam-gu Seoul B building; (b) borrowed up to 30 million won from a person who assumes the position of Cbank staff to a low interest rate loan; (c) it is necessary to verify whether the opening limit of the bank account in the name of the Party exceeds 6 million won; (d) he sent the e-mail card connected to the te-mail account in the name of the Party after confirmation; and (d) in order to obtain the loan, he borrowed the means of access by having the Cbank account in the name of the Defendant (hereinafter “D and E-bank account”) collect it from the Kwikset service engineer in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. Application of Acts and subordinate statutes to a receipt of account transfer, data on financial information replies to the bank account under the name of A, and data to capture the Kakao Stockholm conversation;

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. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant issued a emult card to confirm the limit of withdrawal from the market by deceiving the false statement of a person who was not the victim, and the Defendant did not have any demand or promise to receive the payment, and thus, it cannot be deemed that the means of access was leased.

2. “Lending a means of access” under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending a means of access to a third party temporarily by using a means of access without managing and supervising the user of the means of access while receiving, demanding or promising to receive compensation. “Price”

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