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(영문) 수원지방법원안산지원 2020.12.09 2020고정439
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on May 13, 2019, the Defendant believed that “Korea is an individual lending company, and there is no corporate passbook because it is an individual lending company,” and that if sending the check card connected to the bank account under the name of the party, withdrawal of interest will be made on the fixed interest date.” On May 24, 2019, the Defendant sent the check card to the above party using Kwikset’s service, which was linked to the Defendant’s new bank account (D) prior to the Gyeonggi City, which was located in B on May 13, 2019, around May 24, 2019.

As a result, the Defendant promised to lend the means of access in return for intangible consideration, which is expected profit to receive future loans.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's partial statement in court, a copy of the report on damage, search, seizure, verification warrant (applicable mutatis mutandis to financial accounts) and bank response data;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

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

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