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(영문) 수원지방법원 2019.11.28 2019고단5222
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall, while promising to make any consideration, borrow or lend a means of access used in electronic financial transactions.

Nevertheless, on July 3, 2018, the Defendant: (a) received a proposal from a person who was unaware of his name who misrepresented to a lending company’s staff at a non-permanent location (hereinafter referred to as “Seng-gu”); (b) sent a physical card in need of the C Card to handle the company; and (c) sent a personal card in the name of the Defendant at the Defendant’s residence located in Seong-gu B on July 3, 2018; and (c) sent a personal identification card connected to the Defendant’s name bank account (C) at the Defendant’s residence located in Seong-gu, U.S. B on July 3, 2018; and (d) notified the Defendant of the personal identification number D.

As a result, the Defendant promised to execute a loan in the future and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A specification of transactions, etc.;

1. Application of the output Acts and subordinate statutes, such as DNA photographs;

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

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