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(영문) 서울중앙지방법원 2020.01.22 2019고정2210
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around June 11, 2019, the Defendant received the proposal that “the Defendant will have a loan to enable the sending of the check if he sent it,” from the person who has no personal name, and then sent three copies of the check to the Kwikset service article, which are linked to B bank accounts (C), D accounts (E), and F Bank accounts (G), respectively, at around 14:00 the same day.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A investigation report (B bank's response to information on financial transactions) and transaction statement A;

1. Application of Acts and subordinate statutes to report on investigation (Submission of Contents of Kakao Stockholm dialogue).

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

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