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(영문) 서울남부지방법원 2020.11.06 2020고정1472
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on March 2020, the Defendant: (a) received a proposal from a nameless person who misrepresents a borrower company’s staff member; (b) “When sending a physical card, the Defendant will make a transaction performance and write down credit rating and then lend the loan”; (c) around that time, the Defendant sent a passbook, physical card, andOTP connected to the account of community credit cooperatives (D) in the name of a limited liability company C in front of the Defendant’s dwelling in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, through Kwikset service articles, sent it to a nameless person; and (d) notified the password by hosting it.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on deposit receipt of the police statement to E and the details of 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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