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(영문) 인천지방법원 2020.12.16 2020고정1671
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 a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.

Nevertheless, on July 16, 2019, the Defendant received the proposal that “If he sent a physical card linked to the Kakao Stockholm account at a low interest, he will create a transaction performance if he sent it at a low interest,” and sent the physical card and password connected to the national bank account (C) in the name of the Defendant to the person in whose name the Defendant was named, around July 16, 2019.”

Accordingly, the Defendant promised to lend the means of access to an intangible benefit as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Certificates of deposit;

1. Application of the Kakao Stockholm statutes

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202); the selection of fines for 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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