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(영문) 수원지방법원안양지원 2020.09.17 2020고정309

전자금융거래법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person may lend a means of access to a financial institution while receiving, demanding or promising any consideration.

Nevertheless, on August 19, 2019, the Defendant received a proposal that “the Defendant will send a loan back card. will use the loan interest for the purpose of withdrawing the loan interest.” On August 20, 2019, around 17:20 on August 20, 2019, the Defendant issued one check card connected to the B bank account (Account Number: C) in the name of the Defendant to the bearer.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Application of Acts and subordinate statutes to reporting internal investigation into the defendant's legal statement and response materials of B bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; Article 49 (4) 2 of the relevant Act concerning the selection of criminal facts; Article 6 (3) 2 of the Electronic Financial Transactions Act; and Article 2

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence ( Taking into account the circumstances favorable to examining the reasons for sentencing) was that the Defendant’s lending financial account and physical card were used for the crime of singinging. However, the Defendant also committed the instant crime by deceiving a person with no name who is willing to borrow the loan, and there was no actual profits acquired, and the Defendant refunded the entire amount of KRW 5.2 million remitted by the singing victim to the victim, and the Defendant was selected by fine in consideration of all the circumstances, which are the first offender with no criminal power, and the sentence of punishment shall be suspended only once.