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(영문) 대전지방법원 2021.01.14 2020고단4693

전자금융거래법위반

Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, the Defendant, at the end of October 2019, intended to provide a loan by telephone from a person under a false name who misrepresented himself/herself as an employee of a lending company.

If we send the check card to us, and deposit interest with the account, we will pay interest directly from the check.

It is intended to deposit the loan immediately after checking the payment of the check card.

On October 30, 2019, at around 12:00, on the proposal of the proposal of “a loan,” lent a medium of access to the name in the way of sending a physical card connected to the Defendant’s name B account at the Daejeon Seo-dong-dong, Daejeon-gu, Daejeon-dong, and a medium of access to the name in the way of sending a one of the physical card linked to the Defendant’s B account (C) to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of deposit transactions in the police statement statement statement made to D, and the application of statutes governing the Kakao Stockholm dialogue made and sent by the victim with the victim in an irregular situation;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 2020); the selection of fines for criminal facts; the selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) there is no benefit that the Defendant acquired by the instant crime; (b) the Defendant does not have the same criminal record; and (c) the Defendant appears to have been returned to the victim due to the instant crime.

However, there are other circumstances unfavorable to the Defendant, such as the fact that the instant crime was a serious problem in our society, and the fact that the instant crime was committed with a heavy legal liability, and the actual occurrence of the singing victim, etc., is disadvantageous to the Defendant.