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(영문) 울산지방법원 2020.08.28 2020고정340
전자금융거래법위반
Text

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

However, the execution of the above fine for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall lend any means of access, such as an electronic card and password, in promising compensation.

Nevertheless, on November 2018, the Defendant: (a) received a proposal from a name-free person who assumes the personal loan service provider to “to create and lend a transaction statement when sending a physical card; and (b) lent the physical card and password of the account under the name of the Defendant to the above-known person; (c) on November 2018, the Defendant lent the Defendant’s office located in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., U.S., U.S. to the above-known bank account under the name of the Defendant using Kwikset’s Kwikset’s service to lend the Defendant’s personal card and password to the above-known person.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Data on replies;

1. Application of Acts and subordinate statutes to report internal investigation (the arrest of card collection books);

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 confinement in a workhouse (in cases where a sentence of suspended execution of punishment is invalidated or revoked and the defendant fails to pay a fine);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including circumstances leading to the instant crime, circumstances after the commission of the crime, motive for the crime, economic circumstances that are difficult to the Defendant and his family members, reflects and repents against the Defendant’s family, and only the criminal records having been punished by a fine of KRW 500,000 as a crime of fraud on September 2002, etc.);

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