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(영문) 수원지방법원 안양지원 2020.05.07 2019고단2166

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

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

Nevertheless, around July 2019, the Defendant: (a) promised to borrow KRW 3 million from a name-free person who assumes a false name as a lending business entity; (b) in order to obtain a loan upon contact, the Defendant borrowed the means of access to a financial institution in return for an intangible expected interest that can receive future loans by sending a physical card to a third million won from the name-free person; (c) around July 23, 2019, in order to receive a loan from “B” located in the city of Mapopopopopopopo-si (hereinafter “B”), a physical card linked to the Korean bank account (hereinafter “C”) in the name of the Defendant in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

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

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant delivered a physical card to a person in non-name as stated in the facts charged. However, it is true that the defendant sent a physical card not to obtain a loan but to receive a loan with the approval of the loan and to require a physical card to repay the principal and interest. Thus, it is difficult to view the defendant's act as "the act of lending the means of access of a financial institution in return for an intangible expected profit to receive a loan."

2. According to the evidence duly adopted and examined by this court, the Defendant will repay the loan to the designated date of each month in order to continue the loan by obtaining a loan of KRW 3 million from the prosecution, with the name and defective person who misrepresented himself/herself to obtain a loan of KRW 3 million, and consultation with him/her.