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(영문) 수원지방법원 안산지원 2020.01.08 2019고정902

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

In using and managing a means of access, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

On June 20, 2019, at around 15:00, the Defendant received a proposal from a person with no personal name to the effect that, “on the face of sending a e-mail card, the Defendant would make a false loan from a person with no personal name and make a false entry and departure transaction result,” and then, the Defendant sent the e-mail card to the person with no personal name via Kwikset Service Articles connected to the bank account (number B) in the name of the Defendant.

As a result, the Defendant promised to receive intangible expectation profits that can receive a loan by stockpiling credit rating, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of two Acts and subordinate statutes to a statement of transactions and a certificate of remittance transactions;

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. All circumstances, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of having been sentenced to the suspension of indictment for the same crime in 2011, but there is no record of criminal punishment, and the fact that the defendant recognized