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(영문) 서울북부지방법원 2020.04.10 2019고정1335
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requesting or promising to receive any compensation therefor.

On March 11, 2019, the Defendant: (a) obtained a proposal from a person without a name, stating, “on the face of sending a physical card, it may grant a loan of KRW 3 million per unit; (b) shall return it after confirmation as to whether it is possible to use it; and (c) accepted it; (d) around 20:00 on the same day, the Defendant issued one copy of each physical card connected to the D Bank Account (Account Number: E) and F Bank Account (Account Number: G) in the name of the Defendant to the person without a name, who was on board a car in front of the C Bank located in Dobong-gu Seoul Metropolitan Government on the same day.

Accordingly, the defendant provided the means of access in return for the intangible benefit that he can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of I;

1. Application of Acts and subordinate statutes on financial transactions and financial transaction statements;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act provides for a type of punishment as set forth in the order, taking into account the following circumstances: (a) the charge was additionally added or modified; and (b) the Defendant withdraws and uses part of the amount of damage remitted to the victim;

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