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(영문) 서울중앙지방법원 2019.03.08 2018고정2337
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute any means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, around May 20, 2018, the Defendant accepted the proposal of a nameless box who wants to lease one account at the front of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City for four days only, and then sent the physical card connected to the national bank account in the name of the Defendant through Kwikset Service, and the account number and password were notified through C dialogue.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposit receipt and deposit transaction statement;

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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