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(영문) 서울남부지방법원 2019.09.17 2019고단2858
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on January 23, 2019, the Defendant received a proposal that “a loan of up to 30 million won to the 30 million won,” from a person who assumes a false name-based name-based position of the B leader of the employees of a lending company, to send a copy of the account transaction certificate, the business registration certificate, the details of the account transaction for 3 months, the resident registration certificate, and the identification card,” and accepted it on January 24, 2019, and accepted it.

Accordingly, at around 24:01, 2019, the Defendant issued a physical card connected to the bank account (E) opened in the name of the Defendant to Kwikset service article at the cafeteria located on the first floor of the building in Yangcheon-gu Seoul Metropolitan Government.

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 not his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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. The Electronic Financial Transaction Act was enacted to clarify the legal relationship of the electronic financial transaction order to ensure the safety and reliability of the electronic financial transaction (Article 1). “The act of lending the means of access while receiving, demanding or promising the payment” is prohibited (Article 6(3)2), and the person who lends the means of access is punished in violation of Article 6(3)2.

(Article 49(4)(2).

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