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(영문) 부산지방법원 서부지원 2020.02.21 2019고정849
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

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 8, 2019, the Defendant promised to receive a loan of KRW 15 million from a person who was unable to know his name in front of his residence located in Busan City, the Defendant sent a physical card connected to his name Busan Bank Account (C) to Kwikset service and notified the password to Kwikset.

On March 13, 2019, around 14:30 on March 13, 2019, the Defendant continued to receive a loan of KRW 15 million from D’s agent, on condition that he would pay interest of KRW 1.5 million from D’s residence, and then sent a physical card connected to the new bank account (E) in the name of the Defendant to Kwikset service, and informed the password to Kwikset.

Accordingly, the Defendant promised to receive compensation on two occasions, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Search warrant and reply (20 pages for investigation records);

1. Application of the statutes on the contents of receipt and Kakao Stockholm dialogue;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act and the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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