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(영문) 부산지방법원서부지원 2020.09.18 2020고정198

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall, in using and managing the means of electronic financial transactions, borrow or lend the means of access, or keep, deliver or distribute the means of access in receiving, demanding or promising any compensation therefor.

On October 28, 2019, the Defendant: (a) received a proposal from a name-free person who assumes the “B bank C agency” in Busan (hereinafter referred to as the “B bank C agency”); (b) that “to inform him of the account number and password of the accounts to be used; (c) to make loans to loan to the amount of KRW 7.8% (7.8%) per year by adding the results of entry and withdrawal from the account to the deposit and withdrawal transaction; and (d) around 15:00 on October 29, 2019, at the bottom of the post office located in the Gu of Busan (SO) of Busan (SOB bank; and (e) sent the e-mail card to the name-free person using the e-mail card connected to the D bank account in the name of the Defendant.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Application of Chapter F of the police interrogation protocol to the defendant's court statement to investigation report (the result of execution of a warrant of seizure, search, and inspection) (the result of execution of a warrant of seizure) to Chapter II

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202); the selection of fines for 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;