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(영문) 창원지방법원 2020.04.28 2019고단3970

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

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

On May 24, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented the employees of a lending company to the effect that “if you send a B bank account and connected with B bank account, you will grant loans; and (b) accepted the proposal; (c) around May 26, 2019, the Defendant sent one check card connected to B bank accounts (D) opened in the name-free person under the name of the Defendant using Kwikset Service at the front of Sung-gu, Sungwon-gu, Sungwon-si, Pkkset and sent the password to B Bank accounts (D); and (d) notified the Kaka Stockholm messages.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the certificate of deposit, text, warrant review materials, and investigation report;

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;