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(영문) 창원지방법원 마산지원 2021.03.17 2021고단76
전자금융거래법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. No person who is the summary of the facts charged shall lend any access medium while demanding or promising to receive the consideration;

Nevertheless, on February 19, 2020, the Defendant extended a loan to up to 60 million won by accumulating transaction performance when sending a physical card from a person with no name (one-person B Bank C director) on February 19, 2020.

Around 14:00 on February 20, 2020, around 14:00, at the Changwon-si, Masan-si, 3.15, and 756, one physical card connected to the Defendant’s name (E) bank account in the name of the Defendant was sent to Kwikset service.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

2. According to the records, the defendant's criminal facts identical to the above facts charged (if there are some errors in the date and time of the crime, it is recognized that they are the same criminal facts).

7.9. The order of a fine of three million won for the violation of the Electronic Financial Transactions Act in the Changwon District Court's Msan Branch (2020 high-ranking 1456) may be accepted on July 30, 2020, which became final and conclusive on July 30, 2020.

Thus, the above facts charged constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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