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(영문) 대구지방법원 포항지원 2020.07.23 2019고단844
전자금융거래법위반
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

On January 20, 2019, the Defendant is allowed to borrow a loan from the Defendant to the amount of KRW 20 million while counseling with a person with no name or a person with a loan in the name of the Defendant.

In order to confirm whether loans are deposited upon the execution of the loan, it is necessary to send an authorized certificate and to request the sending of the security card by photographing it, and around that time, it sent an authorized certificate connected to the B Bank account (Account Number:C) in the name of the defendant to the above-known person, and sent it through the Kakao Stockholm message by photographing the security card.

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

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Details of financial transactions, SNS dialogues, and the application of statutes on warrant correspondence data;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) 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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