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(영문) 수원지방법원 안산지원 2020.04.09 2019고단2987
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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On June 11, 2019, the Defendant: (a) received a proposal from a person who misrepresented B’s agent for a lending company from a third party; (b) “The lending of KRW 2% per month and the lending of KRW 12 million per month; (c) the repayment period of KRW 36 months is required; (d) the Defendant sent a proposal to Kwikset service article, on June 13, 2019.” (c) around 19:00, the Defendant sent a copy of the physical card linked to the Defendant’s name bank account (D) in front of the residential area of Kucheon-gu, Seoul Special Metropolitan City.

Accordingly, the defendant agreed to the compensation and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy and written statement of the E preparation;

1. The statement of transfer transactions, monetary records, and Kakakao Stockholm dialogue (the defendant merely sent a physical card to pay the principal and interest of loan in installments. Thus, according to the evidence duly adopted and examined by the court, it is acknowledged that the defendant agreed to obtain an opportunity to obtain a loan in a normal way, and that he/she lent a physical card so that he/she can obtain a loan by using a physical card without managing and supervising the defendant, who is the user of the physical card. However, the defendant's obtaining an opportunity to obtain a loan is a quid pro quo relationship corresponding to the lending of the physical card (see Supreme Court Decision 2017Do16946, Jun. 27, 2019; 2017Do16946, Jun. 27, 2019); and the defendant's assertion is not accepted).

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