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(영문) 서울북부지방법원 2020.06.10 2020고정391
전자금융거래법위반
Text

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

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, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around October 2019, the Defendant received a mobile phone text message to the effect that “the principal and interest should be repaid” from a person who is not entitled to receive a loan, and consented to it. On October 15, 2019, the Defendant sent a physical card connected to the Defendant’s name bank account (C) in front of the Gangnam-gu Seoul building, and sent the account number and password to the said person via Kwikset service article, and notified the phone number and password by telephone.

Accordingly, the Defendant expected to receive a loan when sending the card and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning transfer statements, CIF, and specification of transactions;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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