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(영문) 수원지방법원 평택지원 2019.07.04 2019고정103

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 in using and managing a means of access used in electronic financial transactions and lend it to any third person.

At around 16:00 on May 15, 2018, in front of Pyeongtaek-si building, the Defendant received a proposal from his name-free persons to send a physical card connected to the bank account under the name of the Defendant C to make a loan through the deposit and withdrawal transaction, and consented to the lending of the payment performance, and then issued a physical card connected to the bank account under the name of the Defendant through Kwikset service articles, and notified the password of that physical card via telephone.

As a result, the Defendant promised to receive a future loan through false deposit collection transactions in return for the intangible expected profit, and lent the means of access to the name in favor of the defendant.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the police protocol of statement to F;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.