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(영문) 부산지방법원 서부지원 2019.07.02 2019고정532
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

In using and managing a means of access, no one may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2018, the Defendant: (a) obtained a telephone call from a nameless person who was misrepresented as a pilot in the name of the lending company in order to lend KRW 5 million by raising credit rating by creating transaction performance; and (b) obtained approval for the loan; and (c) sent the physical card connected to the CF’s account in the name of the Defendant before Busan Northern-gu BFD on November 20, 2018 through Kwikkset service article.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to financial transaction documents, detailed statement of deposit transactions, and response documents of cooperative associations;

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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