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(영문) 인천지방법원 부천지원 2020.02.04 2019고단3844

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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around August 14, 2019, the Defendant promised to borrow KRW 45 million from the name badist who misrepresented B Bank Employees C, and, “in order to obtain a large amount of loan, send a physical card which must make the details of the deposit and the credit rating and obtain the credit rating,” according to the order of the above name badist, the Defendant lent one physical card connected to B Bank account (F) opened in the name of the Defendant’s residence E apartment in Kimpo-si, Kimpo-si on the same day to the above name badist.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on account transactions and Kakao Stockholm details;

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;