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(영문) 서울중앙지방법원 2020.11.18 2020고정1560

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No person shall lend or borrow any cash card, password, passbook, etc. necessary for using the cash card, and the cash card issued by a financial institution, while receiving, demanding or promising the price therefor.

Nevertheless, at around 15:00 on December 16, 2019, the Defendant submitted a document by phone to make a loan from an unqualified person at the “Bridge Park” located in Suwon-si, Suwon-si, and submitted it, but the document examination is difficult to make a loan. The Defendant accepted the proposal to the effect that it would make a transaction and obtain a loan if sending the passbook, OTP card, authorized certificate, and e-mail card, and accepted it, and then delivered the means of electronic financial transactions by inserting it to the documents bags in the name of the Defendant. < Amended by Act No. 1587, Dec. 16, 2019; Act No. 1000, Mar. 3, 2006>

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Each written petition of the police interrogation protocol against the accused at the court hearing of the accused, each written statement, each transfer statement, the statement of transfer results, the certificate of deposit, the certificate of deposit, the registration of illegal account, and the report of investigation requesting suspension of payment on the accused - the application of CCTV

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 32(1)1, Article 25(1), and Article 26 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by which an application for compensation is dismissed under Article 334(1) of the Criminal Procedure Act.