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(영문) 인천지방법원 2020.11.12 2020고정1928
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing 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 other Acts.

Nevertheless, on August 2019, the Defendant received a proposal that “the account is sent to make a loan up to KRW 10,000,000,000 to create a transaction statement of deposit and withdrawal.” On August 13, 2019, the Defendant sent the physical card linked to the future deposit account (Account Number: C) in front of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and then sent it to the nameless person through Kwikset Service.

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

1. The application of the police statement on the defendant's legal statement D, details of transfer, and the Acts and subordinate statutes regarding seizure warrant;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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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