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(영문) 수원지방법원 안산지원 2020.06.25 2020고정274

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person may transfer the means of access in using and managing the means of access.

Nevertheless, around July 20, 2019, the Defendant heard the statement to the effect that “The credit rating is low, and thus, the Defendant may obtain a loan from a person without his/her name,” and sent the means of access by opening a new bank account (Account Number: C) with the Defendant’s name and sending one passbook and one copy of the OTP card connected to the said account through Kwikset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation records of the suspect regarding D;

1. Application of Acts and subordinate statutes on remittance confirmation;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, the fact that there is no record of punishment for the same kind of crime, the fact that the check card was transferred for the purpose of obtaining the loan, and the fact that the account was suspended voluntarily after confirming the fact that the account was suspended, etc.).