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(영문) 수원지방법원여주지원 2020.11.03 2020고정162

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

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

Defendant

A around February 6, 2020, around February 6, 2020, after receiving a proposal that "the interest exceeding 24% per annum cannot be received from a person who assumes the misrepresentation of B employees of a lending company due to a personal loan, and the interest shall be paid by the personal passbook." Accordingly, at around 16:00 on the same day, visit D in the city of Seoul, Gyeonggi-do, and sent a e-mail card connected to the SC Japan bank account (E) to the cargo box.

Accordingly, the Defendant promised to lend the check card, which is a means of access, to the intangible consideration of the loan.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, F's statement, statement, and details of transfer

1. Article 49 (4) 2 and (6) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following shall be considered as favorable circumstances: (a) the means of access of the accused for the sentencing of the sentence under Article 62(1) of the suspended sentence; (b) the social harm, etc. of the crime of Bosing is disadvantageous; (c) the Defendant appears to have been used in the organization of the crime of Bosing; and (d) the Defendant has no substantial benefit; and (c) the Defendant paid two million

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.