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(영문) 대구지방법원 서부지원 2020.02.20 2019고단2148
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On May 21, 2019, at around 14:00, the Defendant: (a) heard the phrase “B” from an unidentified name named as “B’s agent for the C of the Ccrypt Exchange; (b) held that “I will offer a passbook of KRW 1.50,000 per week for lending the passbook to VIP customers; (c) on the same day, I sent the account number and account password of the D bank account (E) in the name of the Defendant; and (d) issued an authorized certificate number through the “F”. After changing the registration cell phone name of the D bank mobile bank “F” to the “G”; (b) then, I sent the Defendant’s authorized certificate to the above mobile phone “G”; and (c) newly issued the mobile OTP through “F”.

On May 21, 2019, the Defendant received KRW 1.60,00 in return for the above means of access, and received KRW 1.50,000 as daily allowances around 24:33 of the same month.

Accordingly, the Defendant lent the means of access while receiving compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, I, and J;

1. Application of the transaction specifications, Kakao data, account details, financial information response data, B site outputs, D bank app outputs, transfer details, and statutes governing the K Bank Account Details;

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. The act of lending a means of access for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to impair the security and reliability of electronic financial transactions and be used as a means of other crimes, and thus, the crime is not good, and the defendant loans.

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