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(영문) 부산지방법원 서부지원 2020.04.28 2019고정1029

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 18, 2019, the Defendant accepted the proposal that “In order to obtain a loan, a grade shall be raised, and so, it is necessary to do so, and in order to pay interest with a e-mail card, the Defendant would provide a loan to the recipient of the loan.” On April 18, 2019, on the first floor of the B store parking lot located in Busan Metropolitan City, Busan Metropolitan Government, the Defendant entered the password number in one sheet connected to the bank account (C) of the Defendant’s name and issued the e-mail card to the bearer via Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The financial transaction with the principal;

1. Application of Acts and subordinate statutes governing certificates of 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;