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(영문) 서울남부지방법원 2020.04.08 2020고단600
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, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, the Defendant, on March 13, 2019, issued a proposal to the effect that “80,000 won loan is to be made” from a name-free person who assumes the person who assumes the person who assumes the person who assumes the name of the lending company, and thus, he/she must grant a working loan. When sending a e-mail card, he/she will make a loan by accumulating the transaction performance.” Upon accepting the proposal, the Defendant’s consent on March 14, 2019, entered the Defendant’s corporate bank account (C) and D bank account (E) in the written indictment in front of the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government on March 17, 2019, but according to evidence, the Defendant’s D bank account is “G,” and the Defendant’s D bank account is “E,” and thus, the account number is corrected.

Along with Kwikset Service, each connected Cze Card sent to the above-mentioned person, and notified the password of the above Cze Card by telephone.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Certificates of deposit;

1. Details of transactions of D banks;

1. Application of Acts and subordinate statutes to investigation reports (verification of details of transactions of accounts for receiving damage received);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The lending of the means of access is a criminal who has a substantial ripple effect as to the use of the means of access for various crimes, such as tax evasion, gambling, fraud, etc., and the check card lent by the defendant is actually used.

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