beta
(영문) 수원지방법원 2020.05.20 2020고정192

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

In using or managing a means of access, no one shall be allowed to borrow or lend a means of access while demanding or promising compensation, except as otherwise expressly provided for in other Acts.

On March 2019, the Defendant lent the means of access to the money deposited in the account from a deceased person in the name of the deceased person in the middle of the year 2019, with the receipt of a proposal that “I will grant a loan to the deceased person. I will recover the money deposited in the account if I send the eck card to be used for the repayment of principal and interest.” The Defendant promised to deliver one eck card connected to the bank account in the name of the Defendant to the deceased person in the name of the deceased person in return for the promise.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Copy of the protocol concerning suspect examination of D; and

1. Application of Acts and subordinate statutes on police seizure records;

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;