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(영문) 서울남부지방법원 2019.08.29 2019고단479
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.

Nevertheless, around June 29, 2018, the Defendant received text messages stating that “I will want to use a passbook,” sent to the Defendant’s mobile phone at a place with no knowledge in Seoul (hereinafter referred to as “Seoul”) and sent it to those (one-person B, C) who could not know their names, and approved the Defendant’s receipt of a proposal to “I will pay 20% of the profits every month if I sent the e-mail card and password.”

On June 30, 2018, around 15:15, 2018, the Defendant issued a physical card connected to the G Bank account (Account Number:H) under the name of the Defendant, and then notified the password to the Defendant.

As such, the Defendant transferred the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the original document, a copy of the account transaction statement, and a copy of the statement;

1. A copy of the internal report (CCTV player);

1. A copy of the reply to the request for financial transaction information [the fact that a bank account in the name of the defendant was used for a showing crime according to each of the above evidence, and that the defendant issued a physical card connected to the above bank account to a person whose name is not known at the time and place stated in the criminal facts, and notified him/her of the password. The defendant knew that he/she issued the above physical card and recognized that he/she notified him/her of the password, but he/she was used as a passbook that included the investment attraction fee as useful for the FX margin transaction” (the written opinion dated March 11, 2019, and the "new source."

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