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(영문) 서울중앙지방법원 2020.06.10 2019고정2642

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

Punishment of the crime

No person shall lend a means of access in return for promise to receive such consideration.

Nevertheless, around April 2019, the Defendant: (a) heard that “a loan is to be made; (b) it is necessary to establish a false transaction performance for a loan; and (c) it is necessary to do so,” and then received a loan, the Defendant sent a physical card, which is linked to the Defendant’s bank account (Account B) account in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City on April 22, 2019, by inserting a copy of the physical card, which is linked to the Defendant’s name, in a 153 post office located in Bupyeong-gu, Bupyeong-gu, Incheon Metropolitan City, and sending it by registered mail.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to C by the police;

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

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;