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(영문) 서울남부지방법원 2020.04.24 2020고정500
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, on July 22, 2019, the Defendant: (a) received a proposal from an infinite name who assumes the “C agency” account for B Bank's delivery point at around A.M.; (b) and consented to the loan of KRW 34 million after raising the credit rating by raising the results of the transaction of the deposit and withdrawal if two of the C-related cards are sent due to low credit rating, and then, (c) received the proposal, and then, (d) sent the above 34 million loan at around July 23, 2019.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes, such as physical fitness card packaging photographs and confirmation personnel of the fact of accident;

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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