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(영문) 서울중앙지방법원 2019.07.11 2019고정607

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No one shall lend a means of access while demanding, demanding or promising the payment in using or managing the means of access.

On December 19, 2018, the Defendant: (a) listened to the Defendant’s statement that he would give a loan after raising credit rating through deposit and withdrawal from the Defendant’s account; and (b) delivered the physical card linked to the KEB bank account (D) to the Defendant’s account in front of Songpa-gu Seoul.

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. Partial statement of the defendant;

1. E statements;

1. A copy of the details of transactions of KEB Han Bank and the details of damage transactions;

1. Textbook and F dialogue (In full view of the above evidence, when the defendant was given a loan of 5 million won at an annual interest rate of 12% per annum as proposed by the non-member of the above evidence, he/she may obtain such pecuniary benefits from the non-member of his/her name in the idea that he/she would use the loan of 5 million won per annum as a result of his/her proposal by the non-member of the above evidence, and he/she was promised to receive such pecuniary benefits from the non-member of his/her name, and he/she was aware that the physical card of the defendant himself/herself can be a means for which another person makes a deposit and withdrawal transaction (the method by which the non-member of his

(3) The defendant and his defense counsel’s assertion is not accepted on a different premise, since it is sufficient to deem that the defendant and his defense counsel had a physical card in the name of the defendant, and this is sufficient to view that the defendant and his defense counsel agreed to provide compensation.

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. Article 70 of the Criminal Act for the Detention of Labor House Head.