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(영문) 대전지방법원 천안지원 2020.04.24 2019고단3352
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 the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

Nevertheless, at around 11:40 on August 27, 2019, the Defendant received a call from a person with no personal name from a person with no personal name at C sexual exchange points located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon to the effect that “a loan is implemented, but a check card linked to an account under the debtor’s name to pay interest is sent,” and sent the physical card and password connected to the account under the defendant’s name (D) to the person with no personal name using the phone.

Accordingly, the defendant provided a means of access in return for the promise to receive an intangible expectation benefit that he/she can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (account A);

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (see, e.g., Supreme Court Decisions 200Do414, Apr. 2, 2001

1. Articles 70 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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