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(영문) 의정부지방법원 2021.02.04 2020고정336
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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on June 24, 2019, the Defendant sent a e-mail card to create bank transaction performance from a person who is named as an employee of a lending company on June 24, 2019, because he/she was unable to lend but falls short of loan eligibility.

H. He listened to the language to the effect that ", at around 14:00 on the same day, he sent a physical card connected to the account of a bank (B) at the front of the Yongsan Police Station located in the Jung-gu Seoul Metropolitan Government Jungdong, with a password written on the back of the card, and sent it to the name French who refers to the employees of the lending company.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. To apply internal investigation reports (Submission, etc. of details of financial transactions) and the statutes governing financial transactions;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 2020) on criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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