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(영문) 수원지방법원평택지원 2020.12.18 2020고정382
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

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

Nevertheless, the Defendant, at around 16:30 on December 20, 2019, at the “Ccafeteria” parking lot located in Pyeongtaek-si B, may borrow KRW 4 million from his name-free persons. The Defendant sent the e-mail card, and if he deposits the interest of the loan to the account connected to the said card, he shall withdraw the interest from the side of Korea.

“After receiving the proposal and accepting it, I sent one physical card connected to the DDR account (E) in the name of the Defendant before the said parking lot through Kwikset Service, and notified the password necessary for using the said Kakao Stockholm message.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Photographs of the contents of the Kakakao conversation, a photograph of inquiry about the details of deposit transactions, and a written confirmation of transfer transactions;

1. Warrant reply (D Association E);

1. Details of the Kakakao conversation (record 135 through 138 pages);

1. Application of Acts and subordinate statutes to investigation reports (including the attachment of CCTV photographs of a victim of damage);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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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