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(영문) 대전지방법원 2019.08.08 2019고정554
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

No person shall lend a means of access for electronic financial transactions while promising such payment.

On October 30, 2018, at the defendant's house located in Daejeon Dong-gu Daejeon, the defendant heard the phrase "I would offer a working loan to those who are outside of a general loan. I would like to give a loan of KRW 5 million to the defendant's account number, identification number, Internet banking ID, and password, and send an OTP card if I would give notice of the account number, Internet banking ID, and password, and will give a loan of KRW 5 million." On October 30, 2018, the defendant sent an OTP card to the defendant's account holder by informing him of the account number, identification number, Internet banking ID, and identification number as D, and sent an OTP card to the person who has failed to pay his name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of statutes on the details of transaction transfer, transfer certificates, details of dialogue, and content of dialogue AD;

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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