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(영문) 창원지방법원 밀양지원 2020.06.18 2019고정148
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

In using and managing a means of access to electronic financial transactions, no one shall transfer or acquire such means of access, receive, request or promise to receive or lend such means of access, or keep, deliver or distribute such means of access.

Nevertheless, on June 1, 2019, the Defendant received a proposal from a person under whose name the Defendant misrepresented B employees of the capital company “to create a low interest rate substitute loan by repeating false entry and withdrawals if sending the e-mail card.” On July 1, 2019, at the post office located in the e-maildong, the Defendant sent a e-mail card connected to the national bank account in the name of the Defendant to the person under whose name the e-mail was named.”

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on petition, remittance receipt, warrant correspondence data;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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