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(영문) 광주지방법원 2020.05.14 2019고단4733
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall 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.

On September 2019, the Defendant respondeded to the phrase “the Defendant sent an Internet banking ID, password, and an OTP card” from a person who assumes a false name as a loaner, “I will extend the credit rating by raising the credit performance of bank transactions. I will send the Internet banking ID, password, and OTP card.”

Accordingly, around September 26, 2019, the Defendant sent an OTPP card connected to the Defendant’s name D (E) by using her house from the front street located in Gwangju Mine-gu, Gwangju, to the Defendant’s name, and lent the means of access by promising the Defendant to receive the consideration for the lending of Internet banking ID and password connected to the said account to business Kakakaox.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on the details of financial information replies and Kakao Stockholm dialogue;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

2. The crime of this case, which is determined to be sentenced, is deemed to be undermining the safety and reliability of electronic financial transactions, and the nature of the crime is not easy, but is against the defendant's recognition of the crime of this case, there is no benefit acquired by the defendant due to the crime of this case, there is no record of punishment for the defendant, and other various sentencing conditions specified in the pleadings of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered.

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