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(영문) 서울북부지방법원 2020.02.06 2019고정1701
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, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On May 27, 2019, the Defendant received text messages stating that “to provide loans” from an unqualified person, and consented thereto, and then, the Defendant sent a nameless person a cash card connected to the new bank account (B) in the name of the Defendant at the Seoul Jung-gu Seoul Central Trandong post office (B) on the same day, according to the statement that “for the payment of interest and principal, the physical check in the name of the principal is required.”

Accordingly, the defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes governing the place of criminal offense;

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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