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(영문) 서울서부지방법원 2020.05.08 2020고정356
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2019, the Defendant: (a) heard the horses that “for a loan, interest on the loan is required to be paid to the principal’s account; (b) cream cards are sent to the Defendant; and (c) around July 22, 2019, the Defendant sent cream cards connected to the Defendant’s name-oriented bank account (D) on the front side of the cafeteria B 1st floor of Songpa-gu Seoul Metropolitan Government 2019.

As a result, the Defendant promised to receive a future loan in return for the intangible benefit, and lent the means of access to his name in return for it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a detailed statement of transactions of entry and departure, and of a warrant of search, seizure and verification;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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