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(영문) 인천지방법원 2020.02.04 2019고단8123
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall, unless otherwise specifically provided for in other Acts, demand and promise compensation and lend the means of access.

Nevertheless, around December 1, 2017, the Defendant promised to “a loan by raising credit rating by accumulating transaction performance when sending a physical card and passbook, etc.,” from a person who was misrepresented as a staff of a financial institution, and, around December 1, 2017, the Defendant sent a copy of the physical card connected to his/her own postal bank account (Account Number: Account Number) and one copy of the OTP card connected to his/her bank account (Account Number. B), one of the passbook, and one of the OTP card connected to the above account.

As a result, the Defendant promised to receive expected interest of increase in credit rating that would be able to receive future loans and lent the means of access to a name-in-fact beneficiary.

Summary of Evidence

1. Defendant's legal statement;

1. To instruct internal investigation of specified financial transaction information;

1. Application of Acts and subordinate statutes of a criminal investigation report and detailed statement of 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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