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(영문) 서울서부지방법원 2019.11.26 2019고단3190
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

Criminal facts

Except as otherwise expressly provided for in any other Act, no one shall lend or borrow any means of access necessary for electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, around June 25, 2019, the Defendant: (a) accepted a proposal that “a loan may be made to KRW 6 million at the interest rate of KRW 3% per month; (b) if you send a e-mail card in the name of the customer, you may directly withdraw interest; and (c) notified Kwikset service articles sent from the name unclaimed in Seocho-gu Seoul Metropolitan City B, Seoul, of the password’s name to the Defendant’s bank account (D) around June 26, 2019.” (d) On June 26, 2019, the Defendant sent the e-mail card to Kwikset service articles connected to the name unclaimed in the name of the Defendant.

Accordingly, the defendant agreed to lend the means of access under the name of the defendant in return for intangible consideration of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written statements and financial transaction information (A)-related Acts and subordinate statutes;

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

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

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] · there is no criminal benefit that the defendant acquired as the means of access lent by the defendant has been used for telephone financial fraud crime / there is no criminal benefit that the defendant acquired; the defendant repents his mistake and has no same record as the defendant;

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