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(영문) 인천지방법원 부천지원 2020.06.11 2019고단3453
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access to electronic financial transactions, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 2018, the Defendant received and consented to the offer that “If you send the Kakao Stockholm card and identification card, you will provide loans to five million won or more,” and then, around November 7, 2018, the Defendant sent the Kaka-ray and password connected to the Cbank (D) account in the name of the Defendant via Kwikset-si’s Kwikset-si’s Articles.

As a result, the Defendant promised to lend the means of access to electronic financial transactions in return for the intangible expected profit of receiving future loans.

Summary of Evidence

1. Statement of the suspect against the defendant;

1. Statement to E by the police;

1. Application of a detailed statement of deposit transactions, information opened by accounts, and statutes concerning details of deposit and withdrawal;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, the selection of fines (the primary offender, the circumstances of the case, etc.), 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 for not less than Article 334(1) of the Criminal Procedure Act.

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