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(영문) 전주지방법원 군산지원 2020.04.29 2020고단90

전자금융거래법위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around June 2019, the Defendant: (a) listened to the phrase “8 million won will be loaned from a person who was unaware of his name who misrepresented the lending company’s staff; (b) the Defendant sent a physical card that can be withdrawn by the lending company at the time of repayment of the principal and interest; and (c) around 20:00 of the same month, around 14:00 of the same month, he issued one physical card connected to the Defendant’s name bank account (D) to the Defendant’s residence before the Defendant’s residence located in the following city B, through Kwikset service article.

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. A written petition;

1. Details of account transfer, details of replies for warrants, and application of Acts and subordinate statutes to investigation reports (Evidence List No. 10);

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

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are recognized and against the crime of this case, the first offender, the fact that there is no profit acquired by the substance of the crime of this case, and there are circumstances to be considered as the crime of receiving the loan since there is no child support, etc., and the means of access actually transferred by the defendant seems to have been used for the crime of licensing, and other conditions of sentencing as indicated in the records, such as the defendant's age, character and behavior, environment, and circumstances before and after the crime of this case, etc., shall be determined as