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(영문) 창원지방법원 마산지원 2020.02.05 2019고단1286

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on August 5, 2019, the Defendant heard the horses that “the Defendant sent a e-mail card to which interest can be withdrawn from the illegal loan,” and around 12:30 on August 8, 2019, the Defendant sent the e-mail card, each of which is linked to the Cbank (D) and E (F)’s account under the name of the Defendant at Chang-si, Chang-si, Mgu, Chang-si, Seoul., the Defendant sent one e-mail and the password, through Kwikset news service articles.

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. Each written statement of G and H prepared;

1. Application of the Acts and subordinate statutes on each specification of transactions and Kakakao Stockholm exposure;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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.