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(영문) 의정부지방법원 2019.10.31 2019고정1331
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

Except as otherwise provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions by receiving, demanding or promising any compensation.

Nevertheless, on October 16, 2018, the Defendant: (a) obtained a proposal from a person who was not registered in the name of the Defendant (hereinafter “B Bank C”) to create a result of the transaction of deposits and deposits to obtain loans because he/she is not good credit; (b) obtained a proposal that “once he/she has repeatedly accumulated the payment of deposits and deposits, he/she will return the funds if the loan is granted; and (c) accepted it, at the post office located in the 3-4, Dong-gu, Seoul Special Metropolitan City, Nowon-gu, at around 17:00 on the same day, sent a registration to the person who was not registered in the name of the Defendant; and (d) lent a personal card, which is a means of access, in return for consideration by giving information by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes for transfer certificate;

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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