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(영문) 전주지방법원 2020.12.24 2020고정244

전자금융거래법위반

Text

The sentence of a defendant shall be KRW 1,500,000.

When a fine is to be paid, it shall be confined in a workhouse for 15 days.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On December 19, 2019, the Defendant could lend up to KRW 80 million at a low interest rate of 10,000,000,000,000 from a person who assumes a false name representing B customer support team C agent. The Defendant heard the horses to the effect that the second evidence needs to be sent, and requested to send a physical card, and around the 30th day of the same month, the Defendant issued one check card connected to the account of his own national bank (G) through Kwikset-gu’s article, in front of Kwikset-gu, Jeonjin-gu.

The Defendant, in return for the intangible expectation interest that can receive a loan in the future, promised to lend the means of access to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes of remittance receipt;

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

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;