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(영문) 수원지방법원안산지원 2020.08.19 2020고정540
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

No person shall borrow or lend a means of access under the Electronic Financial Transactions Act while receiving, demanding or promising to receive compensation.

Nevertheless, around December 26, 2019, the Defendant received letters related to loans from a person whose name is unknown, and then called “to allow loans, and if the Defendant’s name falls short of transaction performance and then sent a physical card under his/her name, he/she will make loans possible after repeatedly entering and leaving the account linked to the physical card, and then making loans available.” On January 2, 2020, the Defendant lent the above physical card by displaying it to a person whose name is unknown using Kwikset service in the member Criart in Ansan-si, Ansan-si., the Defendant’s name is to be lent.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's legal statement D's written confirmation of electronic financial transfer;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the recognition of a mistake and violation of depth; the Defendant also believed the above horses of the other party to the means of access as they are and appears to have suffered fraudulent damage that is paid as the repayment for the existing loan; the Defendant’s account connected to the means of access leased by the means of access is suspended from payment and has not been realized as it is, and the fraud is not realized as it is the first offender).

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