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(영문) 청주지방법원 2019.08.20 2019고정291
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, in the event that the Defendant was unable to obtain a loan due to low credit, the Defendant would have obtained a loan by accumulating the transaction performance from his name-free persons, and around 15:00 on February 14, 2019, the Defendant issued a physical card connected to the Defendant’s name-free account (D) at the Defendant’s company located in the petition-gu, Cheongju-gu, Cheongju-si, the Defendant issued a letter of check to the Defendant’s name-free person.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each internal investigation report and each investigation report;

1. Details of transactions of passbooks, details of withdrawals, details of transactions by entry and withdrawal, and application of Acts and subordinate statutes of the head of a Tong;

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of 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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