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(영문) 부산지방법원 서부지원 2020.04.02 2019고정1008

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

On June 10, 2019, no one may lend the means of access with the promise to use and manage the means of access, however, the Defendant received a proposal from an influenite person to the effect that “to lend the means of access, but to send a physical check connected to the account in the name of the principal in order to repay the principal and interest of the loan,” and accepted the proposal, and then lent one check card connected to the account in the name of the Defendant to the substitute engineer in Busan Seo-gu B from Busan Seo-gu to the national bank account in the name of the Defendant.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on financial transactions;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;