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(영문) 인천지방법원 2020.08.12 2020고정953
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 13:00 on October 8, 2019, the Defendant: (a) received a proposal from a person who had misrepresented the staff of a liquor company in front of Seo-gu Incheon, to the effect that “if he has sent a physical card to make it available for the use of the account, he will pay KRW 3 million on the day of use.” In return for the use of the physical card, the Defendant sent the physical card and one password connected to the C bank account (D) in the name of the Defendant to the delivery officer who sent the above names.

Accordingly, the Defendant promised to lend the means of access used in electronic financial transactions.

Summary of Evidence

1. Application of Acts and subordinate statutes to the documents prepared by the Defendant’s legal statement E, the statement remittance statement, and the contents of the Kakao Stockholm conversation (Evidence Nos. 27);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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