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(영문) 창원지방법원 통영지원 2019.09.19 2019고단595
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

Except as otherwise expressly provided for in any other Act, no one shall, with respect to the use and management of a means of access, lend any means while receiving, demanding or promising any compensation.

Nevertheless, on January 23, 2019, the Defendant received a proposal from a name-free person who assumes the name-based employee of a lending company, stating, “When sending a physical card, the Defendant would make the bank transaction performance on the card and have him get a loan of KRW 20 million.” After accepting the proposal, the Defendant sent one physical card connected to the bank account in the name of the Defendant before the date of the same day to Kwikset Service employee who sent the above name-based employee and sent the password to E.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A certificate of the results of remittance of the amount of damage;

1. The content of conversation;

1. Details of account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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