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(영문) 의정부지방법원 2020.09.21 2020고단524
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. In using and managing the means of access, no defendant A may lend the means of access while demanding or promising to receive, demand or promise any compensation unless otherwise specifically provided for in any other Act.

Nevertheless, on August 14, 2019, the Defendant promised to borrow up to 10 million won from a person without personal knowledge, and sent a physical card necessary for the repayment of the principal and interest, upon request, and around August 14, 2019, the Defendant sent the physical card and one password connected to the account (F) in the name of the Defendant, the means of access, using Kwikset-si service, to the non-resident.

Accordingly, the defendant provided a means of access in return for an intangible expected interest to receive future loans.

2. In using and managing the means of access, no defendant B may lend the means of access while requiring or promising to receive, demand or promise any compensation unless otherwise specifically provided for in other Acts.

Nevertheless, on August 14, 2019, the Defendant promised to receive 4 million won from a person without his/her name to receive a loan, and sent the physical card necessary for the withdrawal of the loan at the time of the repayment of the loan. On August 14, 2019, the Defendant sent one physical card connected to the account (I) in the name of the Defendant, the means of access, using Kwikset Service, to the account under the name of the Defendant, the means of access, and sent one copy of the physical card to Kwikset-gun.

Accordingly, the defendant provided a means of access in return for an intangible expected interest to receive future loans.

Summary of Evidence

1. Each police interrogation protocol against the Defendants’ respective legal statements

1. Details of each entry into and departure from the J’s written investigation report (a search, seizure, verification warrant, reply to a warrant of search and seizure and a bank);

1. Application of Acts and subordinate statutes to records (a photograph) in currency held by the victims and the holders of the transfer certificates;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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