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(영문) 춘천지방법원 영월지원 2019.08.27 2019고단238
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 a means of access, or keep, deliver or distribute a means of access, with any receipt, request or promise of compensation.

Nevertheless, around November 21, 2018, the Defendant: (a) received text messages from a person who assumes a false name representing BB bank’s agent “B bank” and called “to make a loan by making a transaction performance when sending a physical card; and (b) return the card to his/her address by using registered mail as the work is completed; and (c) received such text messages.”

On November 23, 2018, the Defendant continuously sent the number and password of the account (E) and F bank account (G) to the person who was unaware of the name of the Defendant, and on December 3, 2018, the Defendant continued to deliver the number and password to the person who was unaware of the name, via Kwikset service, who sent the name, by inserting each one of the physical cards connected to the above account in front of the Defendant’s residence located in G of Gangwon-gu, Gangwon-gun, Gangwon-do.

Accordingly, the Defendant promised to receive a loan as an intangible expected profit and lent the means of access to the contract.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the details of banking transactions, financial institution correspondence data, mobile phone text messages, and copies of bankbooks;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to twenty million won; and

2. Scope of recommendations: Non-application of the sentencing criteria by fine selection.

3. According to the sentence, the Defendant lent a e-mail card connected to his account in his name to a person whose name is unknown.

This is itself a financial order.

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