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(영문) 서울서부지방법원 2020.06.04 2019고단3172
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 the means of electronic financial transactions, no one shall transfer or acquire any means of access, except as otherwise expressly provided for in any other Act, nor shall he/she borrow or lend any means of access, or store, deliver or distribute any means of access in receiving, requesting or promising any compensation therefor.

Nevertheless, the Defendant accepted the proposal that “on the basis of the loan of the account number,” from the person in default of the name of the original site via Kakakao Stockholm. On February 2019, the Defendant added the ID and password connected to the account in the name of the Defendant using Kakao Stockholm to the person in default of the name. On February 2019, the Defendant delivered the OTP card using the POP card from the Seoul High Speed bus Terminal located in 194 as the new distribution of Seocho-gu Seoul Seocho-gu.

Accordingly, the Defendant promised to pay for such consideration and lent the means of access to electronic financial transactions under the name of the Defendant.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. G statements;

1. Application of Acts and subordinate statutes to inquire into details of transactions, Kakakao dialogue, details of replys to each warrant of search, seizure, and verification, and reporting on crimes committed against fraud;

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;

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