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(영문) 수원지방법원 안산지원 2020.03.25 2020고정60
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall, in using and managing a means of access, receive, request or promise any compensation, and may borrow or lend the means of access to electronic financial transactions.

Nevertheless, around 17:00 on June 12, 2019, the Defendant is able to borrow KRW 6 million from a person who has no name, and interest is 3% per month.

In order to obtain a loan, a copy and an automatic transfer card need to be registered, and it is sent.

Postal cards will be returned after automatic transfer registration.

On June 13, 2019, at around 10:40 on June 13, 2019, the bank account (B) in the name of the defendant and the passwords of the above account were notified through the Kakakao Kakaok, and at around 12:40 on the same day, the bank account in the name of the defendant and the passwords of the above account were sent to the person under the name of the defendant using Kwikset-based service, which was linked to the above bank account in front of the above bank account.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of content of a Kakao Stockholm conversation under the title of the account for criminal administration);

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. All circumstances, including the number of means of access leased with reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that it appears to have been committed with willful negligence, and the fact that there is no record of the same kind of crime

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