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(영문) 서울서부지방법원 2019.06.25 2019고단1257
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

Criminal facts

No person shall borrow or lend a means of access for electronic financial transactions while receiving, demanding or promising any compensation therefor.

On January 9, 2019, the Defendant accepted the proposal that “on the face-to-face (the name “B”) will create and lend the details of the false entry and departure transaction from the bank,” in contact with the name in the face-to-face (the name “B”), and then sent the account number and password via I to the Kwikset service article connected to the national bank account (E) in the name of the Defendant on the front side of the D in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and then sent the account number and password to the Kwikset service article in the name of the Defendant.

As a result, the Defendant promised to pay for intangible prices of loans and simultaneously lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the written financial transaction information;

1. Application of Acts and subordinate statutes on I dialogues (Details of Communications with Suspects A);

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts: Each Article 49 (4) 2 of the same Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Unjustifiable circumstances] Article 334(1) of the same Act does not lower the degree of recognition of illegality due to the records investigated for the same kind of case (negative) (which seems that there is no criminal benefit acquired by the defendant, and the initial crime

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