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(영문) 수원지방법원 안양지원 2020.02.11 2019고단2418

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2019, the Defendant promised to receive a loan from a person with no name, and sent it to the person with no name, using Kwikset service.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Confirmation of the results of electronic financial transfer, and application of Acts and subordinate statutes to the financial institution reply;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 are as follows: (a) the Defendant has some grounds for taking into account the motive of the crime in response to a request for provision on the grounds of loan, etc.; (b) the primary offender is the primary offender; (c) the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the