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(영문) 수원지방법원 2019.08.21 2019고단2570

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall, while promising to make any consideration, borrow or lend a means of access used in electronic financial transactions.

Nevertheless, around December 12, 2018, the Defendant: (a) received a proposal from a person who had misrepresented “B Company C’s team leader at an infinite location (hereinafter referred to as the “B Company C’s team leader”); (b) in order to prevent loans from being made at interest rate of 2% per month; and (c) sent a check card so that loans can be repaid because it is an illegal loan company; and (d) around December 17, 2018, the Defendant sent the check card connected to the Defendant’s bank account in the name of the Defendant on the Eart front of the Mat infin population D (F).

As a result, the Defendant promised to execute a loan in the future and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (whether damage has been withdrawn);

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning facts constituting an offense, the selection of fines, 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;