beta
(영문) 청주지방법원 2020.08.20 2020고정374

전자금융거래법위반

Text

Defendant shall be punished by a fine of one 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around January 14, 2020, the Defendant received a proposal from the most bad name holder to the effect that “When sending a physical card, the Defendant will make a loan to a maximum of 30 million won by making a transaction performance, and send it to a maximum of 30 million won.” On January 14, 2020, the Defendant issued a copy of the physical card connected to the Agricultural Cooperative Account in the name of the Defendant, through Kwikset Service.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of deposit in the police statement and the application of Acts and subordinate statutes of the detailed statement of transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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;