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(영문) 수원지방법원 안양지원 2020.04.09 2020고정44
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in promising to receive or request compensation.

Nevertheless, on January 24, 2019, the Defendant borrowed the means of access to a name-free person by delivering a physical card connected to the Defendant’s name-free account (Account Number F) and a physical card connected to the Defendant’s name-free account (Account Number F) from a name-free person who misrepresented B Corporation’s agent at a non-permanent location, to a name-free person by means of delivering a three-% loan with interest rate of KRW 50,000,000 per annum, if it is low to send a physical card due to low credit rating.).

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of H and written confirmation of the results of electronic financial transfer;

1. Application of statutes on financial transaction information in the name of Nonghyup A;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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