logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.01.16 2019고단2597
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 3, 2019, the Defendant accepted a proposal from a person who has not been asked to send a physical card and password for the payment of principal and interest, and consented to the loan of KRW 10 million as interest per 3% interest per month, and then sent a physical card, which is a means of access connected to the bank account (C) in the name of the Defendant in the name of the Defendant, in front of the Kim Sea as of the 2408 Kim Sea, the Defendant sent a copy of the physical card to the person who has not been asked for the name, through Kwikset service.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. New data on financial information;

1. Application of the Kakao Stockholm statutes (defendants);

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 Defendant asserts that the claim of the Defendant and the defense counsel regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act does not lend the means of access in return for the fact or loan itself as stated in the instant facts charged.

In light of the above evidence, the Defendant, who was urgently required to provide loans for additional tax payments, was consulted by reporting text messages on the extension of loans and providing counseling to Kakao Stockholm. However, the lending counselor, while conducting the examination of the documents on loans to the Defendant, requested that the check card for the payment of the principal and interest of loans be required and that the Defendant be entrusted to him. Accordingly, the Defendant is guilty.

arrow