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(영문) 청주지방법원 2019.08.21 2019고단1240

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

In using and managing a means of access, no one shall engage in any act of lending any means of access in exchange for consideration, demand or promise, unless otherwise expressly provided for in other Acts.

Around 12:30 on March 5, 2019, the Defendant: (a) heard the rumor that “on the face of sending a e-mail card to repay interest and loans, the Defendant would give a loan at interest below the statutory interest” from a person who misrepresented a non-registered lending company; and (b) delivered one e-mail card connected to the Cbank account (D) in the name of the Defendant through Kwikset service articles.

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. The police statement of the E or F;

1. Application of Acts and subordinate statutes to data submitted by victims, the details of currency, and the response data by financial institutions;

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 is actually used in actual crimes: the primary crime; the Defendant appears to be against the instant case; and the Defendant’s age, character and conduct, environment, motive for crimes, means, results, etc. shall be determined as per the Disposition, comprehensively taking into account