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(영문) 광주지방법원 2020.05.28 2019고정1321

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

No person shall receive, request or promise any consideration and lend any means of access used in electronic financial transactions.

Nevertheless, on January 17, 2019, the Defendant was promised to obtain a loan from B, which he became aware of through Facebook, to create a financial transaction content by means of a mail when he/she wants to obtain a C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the Defendant promised to receive intangible expected profits that can be received future loans and lent the means of access to a person who is named.

[Lending of a means of access under Article 6(3)2 of the Electronic Financial Transactions Act refers to the act of lending a means of access so that another person may temporarily use the means of access without managing or supervising the user of the means of access while demanding or promising to receive compensation, and “price” refers to the economic benefit corresponding to the lending of the means of access (see, e.g., Supreme Court Decision 2017Do16946, Jun. 27, 2019). The purport of evidence is that the Defendant, who was unable to obtain a loan by normal means, promised to obtain an opportunity to receive a loan, and if the Defendant promised to obtain a loan, to provide a physical card connected to the Defendant’s account under his/her name, it constitutes lending the means of access while receiving or promising to receive compensation therefor).

1. Defendant's legal statement;

1. Application of the police interrogation protocol concerning B to the police interrogation protocol

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;