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(영문) 서울중앙지방법원 2020.12.22 2020고정1930
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation.

1. A around November 15, 2019, Defendant A received a proposal from a name-free person in front of Eunpyeong-gu Seoul, Seoul, “I would give a loan after making a transaction record if you send the check.” The Defendant accepted it and delivered one check card, which is a means of access connected to the account in the name of the Defendant, to the account in the name of the Defendant, through Kwikset Service.

2. At around 13:30 on November 14, 2019, Defendant B: (a) received a proposal from an unqualified person before the Fmedical Foundation in Dongdaemun-gu Seoul, Dongdaemun-gu that “I would make a loan by creating transaction performance if you send a check;” and (b) accepted it, and delivered a check card, which is a means of access connected to the new bank account in the name of the Defendant, via Kwikset service.

Summary of Evidence

1. Defendants’ respective legal statements

1. Results of the request and reply for financial transaction information;

1. Application of Acts and subordinate statutes to a report on investigation (a separate transfer form and a copy of search and seizure warrant) and a report on transfer, and a copy of search and seizure warrant 2019-33536 shall apply;

1. Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202), the Defendants’ choice of criminal facts and punishment: The Defendants’ choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

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