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(영문) 서울서부지방법원 2020.07.23 2019고단3497
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 person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On July 2019, the Defendant: (a) received a proposal from a person without his name, to the Kakaox to the effect that “If the account is lent to the necessary account for the reduction of and exemption from liquor taxes, 700,000 won shall be placed per day; (b) the physical card and password shall be sent; and (c) sentenced the physical card, etc. in a dry cycle.”

On July 24 to 25, 2019, the Defendant sent a name in front of Eunpyeong-gu Seoul, Seoul, Kwikset service article a physical card connected to the post office account (C) and sent a password to the nameless person by telephone.

Accordingly, the Defendant loaned the means of access by demanding or promising the above compensation.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written petition/statement of D;

1. Results of the immediately transfer processing, the details of conversation, personal information on finance, and detailed inquiries on financial transactions;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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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