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(영문) 서울북부지방법원 2020.09.15 2020고단1516
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

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, around December 10, 2019, the Defendant listened to the Defendant’s home located in Gangnam-gu Seoul Metropolitan Government, and issued a physical card, one and a password connected to the C bank account (D) under the name of the Defendant, with the statement that “I will see the financial company. If I send the passbook, I will see the transaction performance by accumulating it, I will loan 10 million won.”

As a result, the Defendant promised to pay compensation, and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions of the accused and suspect interrogation records of the police;

1. E statements;

1. Application of Acts and subordinate statutes on deposit certificates;

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

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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