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(영문) 창원지방법원 2019.10.23 2019고단2319
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

On April 15, 2019, the Defendant accepted a proposal from an employee of telephone financial fraud assistance (title C) in his/her name in the building in the Mahap-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, to allow him/her to earn profits of KRW 2,400,000 for six months if he/she lends an account for the purchase of virtual currency on behalf of another, and then notified the said “C” of the account number (F) in the name of the Defendant through D language application at around 11:17 on the same day.

At around 11:27 on the same day, the Defendant continued to receive a proposal from the above “C” to register in the E bank mobile display system (hereinafter “G”) under his name, and received a request for a photograph of the Defendant’s driver’s license, and then, at around 11:29 on the same day, notified the Defendant of the password (4 pages), and sent the Defendant’s photograph of the Defendant’s driver’s license at around 11:32 on the same day.

At around 12:11 on the same day, the Defendant continued to receive a request from the above “C for cooperation with the ARS telephone certification or text certification necessary for the registration of the Defendant’s name, and then, from 12:23 on the same day, the Defendant provided cooperation so that the said “C” can be registered in the name of the Defendant by informing the said “C of the certification number.” On the same day, around 12:26 on the same day, the Defendant received a request from the above “C to notify the certification number (6 forms) displayed on the screen of the OTRP apparatus in possession of the Defendant, and then notified the certification number at around 12:28 on the same day, thereby enabling the said “C” to independently use the mobile display case in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to a report on investigation (verification of details of movement of amount of damage);

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

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