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(영문) 청주지방법원 2020.02.06 2019고정724
전자금융거래법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on June 14, 2019, the Defendant, who wishes to obtain a loan from the Defendant, changed the physical card and password to receive the principal and interest, according to the proposal of the person without a name, and then notified the password to the bearer of the Defendant’s name, through Kwikseter’s news article, before the sixth floor rehabilitation treatment room of the Cheongju-gu C Hospital in Chungcheongnam-gu, Chungcheongnam-gu, Seoul on June 14, 2019, through Kwikseter’s news article (D).

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. E’s written petition;

1. Determination on the defendant and his/her defense counsel's assertion in a financial institution's reply

1. The gist of the argument is that the Defendant, while knowing that he was used as a means of loan by a nameless box, sent and promised to pay the check, and did not lend the check.

2. In full view of all the following circumstances admitted by the evidence of the judgment, it is reasonable to view that the Defendant promised to borrow a e-mail card in return for the expectation interest that the Defendant will receive future loans as stated in the facts charged and lent the e-mail card.

Defendant

We cannot accept the assertion.

(1) In order to obtain a loan, it cannot be deemed as ordinary procedures necessary for the provision of a personal identification card, and the Defendant did not accurately understand the other party’s basic information, i.e., the name of the lending company and the location of the office, personal information of the person in charge, etc. at the request of a borrower, by issuing a e-mail card, which is a means of access, and informing the password at the request of a borrower, and the Defendant

(2)

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