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(영문) 서울남부지방법원 2020.06.25 2020고정98
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

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

Nevertheless, around March 20, 2019, the Defendant misrepresented his personal monthly office staff from his name-free person and called “to lend KRW 10,000 to 4% interest rate per month if sending the crow card to be used for the repayment of interest.” On or around the 21st day of the same month, around the 201st day of the same month, the Defendant sent a personal identification number to the name-free person through the Kakakao Kao Ma.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent a means of access used in electronic financial transactions to a name-in-fact party.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the petition, transfer statement, statement of statement (E), investigation report (related to the response to CCTV data at the old and American cereale branch in an enterprise bank);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense without previous conviction. The defendant recognized the crime of this case and seriously reflects the fact that the defendant was committing the crime of this case in the absence of economic difficulties, and the defendant applied for suspension of use of the physical card to financial institutions immediately after he believed that he was wrong to lend the physical card, reported it to the Financial Supervisory Service and investigative agencies, and the investigation agency reported it to the Financial Supervisory Service and investigative agency, and detailed reasons leading to the crime of this case.

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