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(영문) 서울북부지방법원 2020.12.09 2020고정1548

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

On June 29, 2020, the Defendant sent a letter of loan advertisement to the name-free lender who was named on June 29, 2020, and the loan was not good credit. When sending the check card connected to the name account, the Defendant would make the loan by creating the transaction performance.

"At around 12:20 on July 1, 2020, the proposal was received and accepted, and around 12:20 on July 1, 2020, the Seongbuk-gu Seoul Seongbuk-ro 26-ro 27, and one physical card connected to the B bank account (C) in the name of the defendant in front of the Dong-gu community service center, sent it to the above person under the name of Kwikset service officer through Kwikset service officer, and the above account number and password were notified to the Kakao

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Details of transfer transactions and application of Acts and subordinate statutes on financial transaction information;

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;