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(영문) 광주지방법원 순천지원 2020.02.13 2019고단2806

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

No one shall, in using and managing a means of access, perform any act of providing, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around May 2019, the Defendant listened to the speech that “the Defendant would give six million won loans by telephone from a nameless person who misrepresented B employees C,” and issued to Kwikset Service Articles in front of the E Hospital located in Swikset-si D, on May 17, 2019, one check, a means of access under the name of the Defendant, to the F Association account (G) account in the name of the Defendant.

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. Statement of the police statement related H;

1. Transfer certificate;

1. Application of Acts and subordinate statutes to a report on investigation (in response to the result of execution of a warrant for search, inspection);

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the entire crime of this case as committing the crime of this case and reflects his mistake in depth; (b) the Defendant appears to have no criminal record; and (c) the Defendant has no criminal record; and (d) the Defendant’s age, character, character, environment, motive, means and consequence of the crime of this case; and (c) the conditions of sentencing specified in the argument of this case,