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(영문) 전주지방법원 군산지원 2020.01.10 2019고정257

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any means of access used in electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, at around 12:00 on April 25, 2019, the Defendant heard that “I would provide loans if I send a physical card to enable I to pay interest,” and accepted it, and then sent the physical card connected to the future deposit account (D) under the name of the Defendant, and then sent it to the above party in the name of the Defendant, and sent the account number and password by telephone to the above party.

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. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;