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(영문) 수원지방법원성남지원 2020.08.19 2020고단1003
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation. The written indictment states that “no one shall transfer a means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.” However, since the “transfer” of the means of access among the facts charged is changed to “lease”, all of the facts are corrected ex officio.

Nevertheless, the Defendant, at around April 25, 2019, listened to the speech that “I would make a loan by making a transaction record if you send a physical card,” from a person who assumes a false name in charge of lending, and around April 25, 2019, at the entrance of the B apartment in Gyeonggi-do, he sent one physical card connected to the national bank account (C) in the name of the Defendant through Kwikset service article, and notified the password by telephone.

Accordingly, the Defendant lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of the draftD;

1. Application of Acts and subordinate statutes to the details of banking transactions, investigation reports (investigative records, page 24), and data submitted by suspects (investigative records, page 125);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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