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(영문) 인천지방법원 부천지원 2020.01.17 2019고정896
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around April 1, 2019, the Defendant received a proposal that “A” from a person who has no personal name, to create the details of financial transactions in order to enhance the credit rating, and to transfer a bank card and password to the account holder. On April 9, 2019, the Defendant issued a passbook connected to the corporate bank account (D) in the name of the Defendant at the “C” store located in Gyeonggi-si Kimpo-si, Kimpo-si on April 9, 2019.

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. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to remittance statements and response materials (company bank-A);

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;

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