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(영문) 서울북부지방법원 2020.01.22 2019고정1480
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around April 24, 2019, the Defendant received a proposal from a person who has no personal name in front of his/her residence in Dobong-gu Seoul Metropolitan Government, stating that he/she will repeatedly lend his/her personal card to the maximum of two million won, with his/her consent to the lending of the check up to the maximum of two million won.

As a result, the Defendant promised to receive future loans in return for the intangible expected interest, and lent the means of access to a person whose name is not known.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes governing receipt for account transfer;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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