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(영문) 수원지방법원 안산지원 2020.01.17 2019고정905
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 expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, on June 19, 2019, the Defendant received the call from the Defendant’s cell phone to “B Bank C’s agent. If it is necessary to grant a loan, the D team leader, who is a person in charge of the loan, will be introduced.” The Defendant accepted the proposal from the D team leader, stating, “If the D team leader forwards the C-based card that needs to have a transaction performance, he will repeatedly obtain a loan by raising the amount of the company’s funds.”

At around 14:00 on June 20, 2019, the Defendant visited the company name in order to receive the Defendant’s residence, through the Kwikset Service Articles, which visited in order to receive the Defendant’s residence, to receive the Defendant’s check, 1 head of the physical card connected to the B bank account (Account Number: G) in the name of the Defendant and 1 head of the H Bank account (Account Number: I) in the name of the Defendant, and 1 head of the physical card connected to the H Bank account in the name of the Defendant, and each password was included in the paper.

As a result, the Defendant promised to raise credit through false deposit and receive future loans in return for the intangible expected profit, and lent the means of access used in electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The police statement of K;

1. Application of Acts and subordinate statutes on provision of financial information;

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

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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