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(영문) 제주지방법원 2019.09.05 2019고단993
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising the use and management of the means of access.

On September 13, 2018, the Defendant listened to the statement that “the number, password, Internet banking ID,OTP, certification number, etc. may be granted through work, even if the credit rating is low,” which he/she was introduced by the name in distress (BC’s agent) (hereinafter “E”), which he/she became aware of through the word in the loan advertisement, from the name in distress (hereinafter “E”), and thought to receive the loan, the Defendant sent the OTP, which is a means of access connected to the F bank account (G) in the name of the Defendant at his/her home from the office of North Korea located in Jeju at Jeju around October 8, 2018, to the place designated by the above name in distress (hereinafter “E”), and then notified the account number, password, Internet banking ID, certification number, etc. at that time.

Accordingly, the defendant was promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a written statement prepared by the I;

1. Application of the Act and subordinate statutes on deposit certificate, H dialogue data, details of transactions, internal investigation report (hereinafter “A”), internal investigation report (execution result of second search and seizure verification warrant), customer information and financial transaction details, investigation report (data submitted as a suspect “A”), closure data of H text

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is disadvantageous to the lending of the means of access, such as the nature of the crime, and the fact that the means of access leased by the defendant was actually used for the crime of licensing.

However, the defendant recognizes the facts charged.

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