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(영문) 대구지방법원 상주지원 2019.11.29 2019고정925
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

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, on July 4, 2019, the Defendant: (a) sent a letter to Kwikset Bank account (D) with the nameless beneficiary who misrepresented the lending company “20 million won; (b) if the interest of the illegal high-interest lending company was not paid normally, the Defendant would withdraw the interest directly.” (c) On the other hand, the Defendant sent a letter to Kwikset Bank account (D), which was linked to the Defendant’s name-free beneficiary’s account, to Kkset Bank account (D) on July 10, 2019 at the time of resident stay in B.

As a result, the Defendant promised to lend the means of access used in electronic financial transactions in return for the intangible expected profit of receiving future loans from a named person.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on deposit;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (the point of lending the means of access to electronic financial transactions);

1. Selection of an alternative fine for 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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