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(영문) 수원지방법원 성남지원 2019.10.10 2019고정404
전자금융거래법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of compensation in using and managing the means of access used in electronic financial transactions.

Nevertheless, on November 12, 2018, the Defendant, upon the invitation of the Defendant, from his name-free person to “to provide loans: Provided, That if the loans are sent due to low credit rating, the Defendant would have raised the credit rating, and then would provide a loan of KRW 10,000,000,000 after raising the credit rating.” On the same day, at around 13:00 on the same day, the Defendant sent one physical card connected to the Defendant’s name bank account (B) and one physical card connected to the Defendant’s name-free bank account (C) prior to the withdrawal of the new bank account (C) at around 13:0 on the same day.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of transfer details, copies of passbooks, and Acts and subordinate statutes concerning the details of transactions of deposit and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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