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(영문) 서울남부지방법원 2019.09.20 2019고단3799

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

On April 15, 2019, the Defendant: (a) received a proposal from a nameless person who assumes a false name as a lending business entity, that “a loan of KRW 5 million is possible to 1.5 million interest per month; (b) if the Defendant sent one physical card using the virtual account as an individual business entity without being aware of the virtual account, he/she would be granted a loan; and (c) sent one physical card connected to the Defendant’s bank account (D) under the name of the Defendant before Yeongdeungpo-gu Seoul Metropolitan Government, through Kwikset service article.”

Accordingly, the Defendant promised to receive a loan in return for an intangible benefit, and lent the means of access.

To the extent that it does not interfere with the defendant's exercise of defense, part of the facts charged is revised and recognized as criminal facts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of deposit receipts and financial transaction information return-related Acts and subordinate statutes;

1. The pertinent provision of criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transaction Act regarding the choice of punishment, and the choice of imprisonment [1. The defense counsel, after the conclusion of the pleadings, prohibited the act of lending the means of access to the promise of compensation” under Article 6(3)2 of the Electronic Financial Transactions Act through reference documents, asserting that the act of lending the means of access to the promise of compensation is against the principle of clarity because the act of lending the means of access in return for the promise of compensation is interpreted as “an act of lending the means of access to the right of access to the right of access to the right of access to the right of access to the right of access to the right of access to

. The principle of clarity that is derived from the principle of no crime without the law can be predicted by anyone who intends to punish the act and what punishment is, and the elements of the act can be clearly defined so that anyone can make its decision.