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(영문) 청주지방법원 2019.08.21 2019고단1214

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 10:00 on February 15, 2019, the Defendant: (a) called, “I wish to lend 12,00,000 won at a fixed rate of 13% per annum; (b) I want to obtain a loan; (c) so I want to obtain a loan, I sent an account number and check card; and (d) on February 17, 2019, the Defendant issued two physical cards each connected to the account of community credit cooperatives (B and C) in the name of the Defendant at the office of Seoju-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu., by using two copies of the physical cards each connected to each of the post offices.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of deposits, application of Acts and subordinate statutes on dialogues;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and

2. In extenuating circumstances where a fine of 2 million won is imposed: The means of access, as in the instant case, leased is likely to be abused for crimes, such as singing, etc., which would cause severe social harm; circumstances in which the means of access leased by the Defendant actually used for the crime: the Defendant appears to be against the instant case; the Defendant’s age, character and conduct, environment, motive for the crime, means, results, etc. shall be determined as per the disposition in full consideration