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(영문) 서울남부지방법원 2020.09.16 2020고정1236
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

On November 13, 2019, the Defendant sent a physical card, which is linked to the account in his name B Bank C through Kwikset Service Articles, to the name partner, at the construction site located in Jung-gu Seoul, Jung-gu, Seoul, and that “the Defendant sent a physical card that can make a transaction performance and make a loan.”

Accordingly, the Defendant promised to contribute to the intangible benefit of receiving a loan and lent the means of access.

Summary of Evidence

1. Application of the police's written statement, copy of the police's written statement, transfer certificate B Bank Warrant (E, F) Acts and subordinate statutes to D;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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