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(영문) 부산지방법원 서부지원 2020.04.01 2019고정1056

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 a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant consented to the proposal that “if you send a e-mail card, you will secure the transaction performance and secure the loan.” On June 15, 2019, the Defendant sent one e-mail card connected to the Defendant’s name Nonghyup Bank account (C) using Kwikset Service in front of the Busan Northern-gu, Busan, and around June 12, 2019.

As a result, the defendant provided a means of access to his name in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (verification of CCTV from the office which is a bank account) and investigation report (Submission of AKax details);

1. Application of Acts and subordinate statutes on deposit 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;