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(영문) 울산지방법원 2020.10.14 2020고정491
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

No one shall lend any means of access, such as an electronic card and password, in promising compensation.

Nevertheless, around October 30, 2019, the Defendant: (a) received a proposal from a person who has no personal seal in the name of the Defendant to provide a loan of KRW 10,000,000,000 to the above-mentioned personal seal card and password; (b) around 14:00 of the same month, the Defendant leased the above-mentioned personal seal card and password to the person who has no personal seal in the name of the Defendant; and (c) around 31:00 of the same month, the Defendant leased the above-mentioned personal seal and password, which are linked to the Defendant’s account in the name of the Defendant’s community credit cooperative (D) using Kwikset’s service, to the person who has no personal seal in the name.

Summary of Evidence

1. Details of remittance of victims to police statements E in the defendant's legal statement, and the application of the new Acts and subordinate statutes concerning financial transaction information return;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order do not relax the liability for the crime committed by the Defendant lending the physical card. However, considering the following as a whole: (a) there is no record of the same kind of crime; (b) it is possible to lend a loan from the employees of Bophishing, resulting in the instant crime; and (c) the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all of the sentencing conditions stated in the arguments of the instant case, including the Defendant’s age, character and conduct, circumstances after

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