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(영문) 부산지방법원 서부지원 2020.02.19 2019고정823
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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in other Acts.

On December 3, 2018, the Defendant: (a) accepted the proposal that “I would give a loan after making a transaction record, if you send the Kakao Stockholm card to the Defendant; (b) then delivered a copy of the Kakao Stockholm card, which was linked to the Defendant’s name D&C account (E) account before the Busan East-gu Hospital No. 438 on January 3, 2019, via Kwikset service article.

Accordingly, the Defendant promised to obtain intangible expectation interest that can be received future loans through the details of transactions of deposit and withdrawal to lend the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a detailed statement of transfer, a warrant of seizure and replies (57 pages of investigation records), and a report on internal investigation (attached to materials A submitted by a suspected suspect);

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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