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(영문) 광주지방법원 2019.11.29 2019고정960

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

No one shall, in using and managing the means of electronic financial transactions, lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 18:00 on November 12, 2018, the Defendant issued a proposal to the effect that, “on the front of a restaurant located in the Dong-gu, Gwangju, the Defendant would create a loan performance and offer a loan if he sent a physical card,” and then sent a physical card connected to the new bank account in the name of the Defendant using Kwiksetsetset-based service, and notified the password D.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

1. Selection of an alternative fine for punishment;

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