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(영문) 대전지방법원 논산지원 2020.03.31 2020고정20
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, the Defendant received text messages from a credit service provider whose name is unknown at the beginning of September 2019 and sent them to the above person, and received the proposal that “I would borrow 10 million won from the above person. If you send a e-mail card connected to the account, I would withdraw the interest by using the e-mail card.” On September 4, 2019, the Defendant lent the means of access to which the Defendant promised to receive the payment by sending one copy of the e-mail card connected to the d bank account (Account Number E) in the name of the Defendant to the above person and informing the account number and password to the above person by telephone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a warrant of search, seizure, and verification and reply data (based on the application of a financial account) and statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act 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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