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(영문) 수원지방법원 안산지원 2020.02.14 2019고정949
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

Criminal facts

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On April 26, 2019, at around 10:00, the Defendant heard the phrase “it is possible to send a loan interest and a physical check for principal payment to the Defendant,” and at around 12:20 on April 29, 2019, the Defendant’s name was sent to Kwikset service article by packaging one physical card connected to the Defendant’s new bank account E, which is linked to the Defendant’s new bank account E, and the password was informed to Kwikset service article through Kakao Kakao Stockholm.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against Defendant, F, G, H, I, J, and K;

1. Statement of the police with respect to L (including the details of each remittance);

1. Live petition;

1. The written statement of the defendant;

1. The written opinion and the criminal place;

1. The defendant and his defense counsel stated that the defendant sent a physical card on condition of the payment of principal and interest in order to obtain a loan by deceiving the scam fraud, and thus, the defendant did not intend to lend the means of access and did not lend the physical card in return for consideration.

"Lending a means of access" under Article 6 (3) 2 of the Electronic Financial Transactions Act means lending a means of access to a third party temporarily by using a means of access without managing or supervising the user of the means of access while receiving, requesting or promising to receive, or promise to receive, any compensation, and "price" means the economic benefit corresponding to the lending of the means of access.

A person who is a M in which the defendant's name is unknown.

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