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(영문) 서울서부지방법원 2019.11.26 2019고단3234
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

No person shall borrow or lend a means of access for electronic financial transactions, or keep, deliver or distribute any means of electronic financial transactions while receiving, requesting or promising to receive compensation.

Nevertheless, on July 31, 2019, the Defendant sent the physical card, which is a means of access connected to the bank account (E) in the name of the Defendant, to the person under whose name the account was named, pursuant to the promise that the Defendant’s name was “to withdraw the sales price of alcoholic beverages by a liquor company.” If the physical card was lent, the Defendant sent the physical card, which is a means of access connected to the bank account (E) in the name of the Defendant, to the person under whose name the card was named, pursuant to the promise that “to use it for withdrawal.”

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of remittance, a response to financial data, customer information, details of financial transactions, and applications;

1. Application of Acts and subordinate statutes of the F dialogue content;

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

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

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] · there is no criminal benefit that the defendant acquired as the means of access lent by the defendant has been used for telephone financial fraud crime / there is no criminal benefit that the defendant acquired; the defendant repents his/her mistake and has no record of criminal punishment

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