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(영문) 서울서부지방법원 2019.07.23 2019고단1257 (1)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

No person shall borrow or lend a means of access for electronic financial transactions while receiving, demanding or promising any compensation therefor.

On December 27, 2018, the Defendant: (a) received a written communication from a person who was unaware of his/her name to “to create and lend the details of false deposit and withdrawal transactions; (b) accepted the proposal in dialogue with a person who was unaware of his/her name; and (c) delivered the physical card (F) connected to the bank account in the name of the Defendant in front of Eunpyeong-gu Seoul, Seoul, to the Kwikset Service Articles; and (d) transmitted the linked account number and password to B.

As a result, the Defendant promised to lend the means of access in return for intangible consideration of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes governing the provision of financial transaction information;

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

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

1. A provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [unjustifiable circumstances] the degree of recognition of illegality is not low since the investigation record was conducted for the same kind of case (negative) (which seems that there is no criminal benefit acquired by the defendant; it is deemed that there is no criminal benefit acquired by the defendant; and there is no force of punishment other

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