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(영문) 인천지방법원 2020.11.27 2020고정1550
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while using and managing the means of access.

Nevertheless, on January 14, 2020, the Defendant received a proposal from Kwikset to a person who could not know the name leading to B’s misrepresentation of B, and then sent the account number and password of the passbook, resident number, resident number, and so-called check-up card, which was sent to him/her on January 14, 2020, to Kwikset service article with whom it is impossible to know the name leading to C(D)’s account in the name of the Defendant, and the password was sent to Kwikset service article with Kwikset service article with which it is difficult to know the name leading to C(D) on January 14, 202.

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to transfer certificates or provision of financial transaction information;

1. The pertinent Act and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) regarding criminal facts and the selection of fines pursuant to Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May

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

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer and lending of the means of access for electronic financial transactions can be used as means of other crimes. In fact, even in this case, the means of access leased by the Defendant is used to commit fraud, and other circumstances, such as the Defendant’s age, environment, and circumstances after committing the crime, shall be determined as indicated in the Disposition.

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