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(영문) 서울남부지방법원 2020.12.09 2020고정1526

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, around May 12, 2020, the Defendant received a proposal from the person who has the highest name of the former lending business operator to give the check, and accepted it, and then sent a copy of the check to the account of the National Bank (B) in the name of the Defendant.

Accordingly, the Defendant promised to borrow the means of access in consideration of intangible expectation interest that the Defendant can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A list of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;