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(영문) 서울중앙지방법원 2020.10.08 2020고정1462
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 lend a means of access for electronic financial transactions while receiving, requesting or promising any consideration.

Nevertheless, on October 14, 2019, the Defendant promised to provide a loan to a commercial bank even in a situation where it is difficult to obtain a loan from a commercial bank while engaging in a false name and a false name and a loan counseling who misrepresented the name B B’s agent, and sent a physical card connected to the account under the name of the Defendant to a post office (E) delivery, and notified the password to the Kakaox.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect suspect by the police against the accused and F;

1. Documents and written statements of G;

1. Application of the Acts and subordinate statutes to a victim GH bank account transfer statement, search, seizure and verification warrant reply data, reply data requested to provide communications data, and a suspect Kakakao Stockholm photograph;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment have no record of criminal punishment, the fact that the defendant is fully and prone to the crime, the defendant's age, character and conduct, environment, motive and consequence of the crime, etc., and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as the order of sentencing.

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