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(영문) 서울중앙지방법원 2019.08.20 2019고정1330
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

In using and managing a means of access, no one shall commit any act of lending the means of access while promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, at around 13:00 on December 11, 2018, received the word “to lend at low interest” from a person who was named as a “person who was unaware of his name,” and had consultation related to loans with his name-oriented parties, and received a demand to “to grant a loan if he has repaid an existing loan. It is necessary to change the card that has not been paid a loan because of the decline in credit rating.” The Defendant, by telephone, sent the password of the Defendant’s name-free bank account (C) to the person who was named in the name of the Defendant. From around 20:00 on the same day to 20:30 on the same day, he opened one check card that is linked to the above account to the name-oriented party through Kwikset service articles from the name-based Seoul Special Metropolitan City, Gwanak-gu D, and the same day.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning F;

3. Application of Acts and subordinate statutes confirming the results of transfers.

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act.

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