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(영문) 전주지방법원 2020.04.08 2019고정469

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

Except as otherwise expressly provided for in any other Act, no one shall lend any means of access used in electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, around January 2019, the Defendant heard the horses that “the Defendant sent a e-mail card to be used to collect interest after lending up to 6 million won” from a person who is a lending counselor, and around January 2019, the Defendant sent the e-mail card, a means of access under the name of the Defendant, to the account of community credit cooperatives (C) in the name of the Defendant in front of the Seocho-gu, Seoul Special Metropolitan City. On January 2019, the Defendant sent the e-mail card, a means of access under the name of the Defendant, through Kwikjin-gu, and notified the password.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of the Act and subordinate statutes, such as a certificate of deposit transactions, detailed inquiry into the details of transactions, and the transfer result of Korean banks;

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;