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(영문) 의정부지방법원 2020.08.13 2019고정1778
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

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 other Acts.

Nevertheless, on July 2019, the Defendant promised to get a loan of KRW 300 million from a person who is not the name of the passenger who referred to as a patrolman, and, on the same day, sent the account number, password, identification number, security card photograph, and prepaid phone necessary for certification, which are the means of access of the No.C. (Account Number B) under the name of the Defendant to the above person who is not the name of the Defendant, as the Defendant promised to get a loan of KRW 300 million, the Defendant sent the number, password, identification number, and security card photograph to the above person who is not the name of the Defendant. At that time, the Defendant sent Kwikset-gu Defendant’s home near the Defendant’s house located in Seojin-gu Seoul Special Metropolitan City, and then sent Kwikkkset-si’s pre-paid phone to the person who was the Defendant’s name by way of service.

Accordingly, the Defendant promised to lend the means of access in return for the intangible benefit that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A deposit receipt of the D statement;

1. Application of the new Acts and subordinate statutes on financial transaction information;

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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