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(영문) 창원지방법원 밀양지원 2020.07.21 2020고정4

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions by receiving, demanding or promising any compensation.

On October 13, 2019, the Defendant: (a) received a proposal from a person who was named in the name of the Defendant to provide a loan on the condition that he would pay 3% interest per month for 5 million won or more; (b) sent a e-mail card to withdraw interest; and (c) notified the e-mail card (D) linked to the Defendant’s bank account in the name of the Defendant in the Kim Sea-si B and C around October 18, 2019 to the e-mail and the Kakaooo x.

As a result, the Defendant promised to receive the intangible benefit of the loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the relevant Acts and subordinate statutes to a petition, criminal place, a statement of deposit, and a seizure warrant;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.