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(영문) 수원지방법원성남지원 2020.12.10 2020고정762
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

No person shall, in using and managing a means of access, engage in lending the means of access while demanding, demanding or promising compensation therefor.

Nevertheless, around February 28, 2020, the Defendant received a proposal from a name-free person who assumes the name-based employee of the lending company “B” and consented to the lending of a e-mail card for the purpose of paying interest, and then, around 18:00 on the same day, the Defendant sent the e-mail card connected to the e-mail account in the name of the Defendant through Kwikset Service Articles (E) around 18:00 on the same day.

Accordingly, the Defendant borrowed the means of access by receiving an intangible expectation interest that can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Receipt of remittance and the details of the Kakao conversation;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a financial warrant);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant committed the instant crime; (b) the details and progress of the crime; and (c) the leased means of access has been abused for the singinginginging crime; and (d) the Defendant’s age, character and conduct, environment, motive and means of the crime, etc. shall be determined by comprehensively taking account of the following factors

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