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(영문) 서울중앙지방법원 2019.06.20 2019고정533
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access used in an electronic financial transaction while receiving, demanding or promising any compensation therefor.

On August 2017, the Defendant: (a) heard the horses that “I would have a credit rating to be loaned KRW 2,00,000 from B Bank by raising the credit rating; (b) I would have changed the physical card and its passwords because of the need for transaction records; and (c) around that time, I would like to deliver to Kwikset service employees who sent to Kwikset service, a physical card connected to the Defendant’s name B Bank account (Account Number: E) and a password, which is linked to the Defendant’s name B Bank account in Gangnam-gu Seoul.

As a result, the Defendant promised to receive a future loan, and lent a means of access to a person who is unaware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Details of transactions, telephone number details, and deposit transaction statement;

1. Application of Acts and subordinate statutes to report internal investigation (report on CCTV attachment);

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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