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(영문) 창원지방법원 마산지원 2020.04.22 2020고정100
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access necessary for electronic financial transactions or keep, deliver and distribute a means of access while demanding, demanding or promising to provide compensation.

On December 4, 2019, the Defendant: (a) received a proposal that “I will lend a loan of at least KRW 30 million at a low interest rate; (b) if I send a physical card because it is possible to obtain a loan due to lack of credit rating, I will return it again after counting the performance; and (c) if I will have increased credit rating and proceed with a loan at a low interest rate.”

9. At around 21:00, in front of the 21:00 Chang-si Masan apartment guard room, a physical card linked to the National Bank (Account Number: C) account under the name of the Defendant was sent to the person under whose name it was named, and the password was sent through Kwikset message.

Accordingly, the defendant promised to pay and lent a physical card, which is a means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Each police statement of E;

1. Application of the seizure list, photographs and copies of seized articles to the Acts and subordinate statutes;

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