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(영문) 서울남부지방법원 2020.12.16 2020고단4765
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant, at around March 23, 2020, issued a proposal to the effect that “a loan equivalent to KRW 30,000,000 shall be made from his name-free persons. However, the Defendant shall create the details of transactions from which a large amount is deposited and withdrawn.” On the same day, the Defendant consented to the loan in order to obtain the loan at around 15:32, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and at around 15:32, notified the Defendant of the number and the password of the account number and the physical card so that he can simultaneously send the above physical card to the above bearers and use the above physical card.”

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. The document and each statement of the F;

1. A written confirmation of transfer related to remittance of damage to be submitted by victims;

1. Application of Acts and subordinate statutes on personal information and details of transactions of bank accounts A (C, D);

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (wholly amended by Act No. 17297, May 19, 202)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The lending of the means of access for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for any other crime, such as scam, Internet crime, etc., and the account number and check card leased by the Defendant was actually used for the actual crime, provided, however, that the Defendant is the same.

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