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(영문) 수원지방법원 안산지원 2020.04.10 2020고정41

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

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

Nevertheless, around October 2019, the Defendant listened to the statement that “When sending the card, it will create the transaction details and prejudice the loan,” and around that time, the Defendant issued the physical card connected to the account of the National Bank (B) opened by the Defendant at the beginning of the Gyeong-gun, Chungcheongnam-gun, Busan-gun.

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. Partial statement of the defendant;

1. Statement to C by the police;

1. A remittance statement;

1. Application of Acts and subordinate statutes to the response to financial data;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is based on the following factors: (a) the victim was committed in the instant crime; (b) the Defendant lent the means of access even after having suspected of scam; and (c) the Defendant’s environment and family relationship; and (d