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(영문) 수원지방법원 안산지원 2020.06.04 2020고정210
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the Defendant, through B search, received the proposal that “the lending will be carried out to the maximum of five million won” from the person who was infinite who reported and contacted the lending advertisement, and accepted the proposal that “the lending will be made if the Defendant sent the check necessary to withdraw the principal and interest.” On August 23, 2019, the Defendant sent one e-mail card connected with the Defendant’s name bank account (Account Number: E) to a regular cargo, and sent one e-mail card to the name unrefinite, and the password was sent to the Kakaox message.

As a result, the defendant provided a means of access to an electronic financial transaction in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Document;

1. Application of Acts and subordinate statutes on deposit transactions;

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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