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(영문) 서울서부지방법원 2020.01.14 2019고단3877
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

Except as otherwise expressly provided for in any other Act, no one shall lend any means of access for electronic financial transactions in return for the receipt, request or promise of the consideration.

Nevertheless, the Defendant was scheduled to lend KRW 5 million from a nameless person who assumes the position of the lending company, and the details of interest transactions on bonds with personal money should not remain.

Since the lending company's name account can not be used, 'the delivery delivery of the e-mail card for the purpose of paying principal and interest' is heard, and around 19:40 on April 17, 2019, the e-mail card of the Defendant's name D (E) account was sent to the Defendant through Kwikset service.

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;

1. A written confirmation of the results of electronic financial transfer;

1. Application of customer personal information, details of transactions, and copies of bankbooks;

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing under Article 334 (1) of the Criminal Procedure Act [Incompetence] / The reason for sentencing under Article 334 (1) of the means of access leased by the accused / [Incompetence circumstances] is that the damage was inflicted by the means of access used for the crime of telephone financial fraud, and that there was no criminal benefit acquired by the accused / there is no criminal benefit, and that the accused does not repent his/her mistake and

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