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(영문) 서울중앙지방법원 2020.10.29 2020고정1388
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

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

On November 28, 2019, the Defendant: (a) received a proposal from a person under whose name the Defendant had misrepresented B Bank employees through the Kakakakao Stockholm; (b) sent three copies of the C Card, which are linked to the E Bank Account (F), G Bank Account (H), and B Bank Account (I) prior to Seoul Seocho-gu, Seocho-gu, Seoul, Seoul, and Ddong, via Kwikset Service Articles.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access.

Summary of Evidence

1. Application of Acts and subordinate statutes on trade receipts, certificates of deposit transaction records, and Kakao Stockholm dialogues prepared by the defendant's partial statement in the court;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, as stated in the facts constituting a crime in the judgment of the defendant, the defendant and the defendant delivered three copies of the e-mail cards to the person who was not the party in whose name the e-mail would create a transaction performance and deliver them to the person in whose name the e-mail card was named. However, the defendant asserts that the e-mail card was not leased in return for the intangible expected profit of lending the passbook

2. The Electronic Financial Transactions Act shall ensure the security and security of the electronic financial transaction by clarifying the legal relationship of the electronic financial transaction.

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