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(영문) 전주지방법원 군산지원 2019.07.10 2019고단264

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, around 11:31 December 13, 2018, the Defendant: (a) sent to the Defendant’s bank account (number: C), a new bank account (number; (b) a new bank account (number; (c) a bank account in the name of the Defendant, and a new bank account (number; (d) a number is indicated in D bill but is clearly written in G, and thus correct ex officio; hereinafter the name is corrected) a two copies of the physical card, each connected to the post office, are sent to the name of the party under the name of the Defendant, because it is possible to lend KRW 30 million at an annual interest rate of 45%; and (c) the cash withdrawal has to be repeated in order to raise transaction performance before the transaction performance.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the attached details of transactions, investigation reports (Attachment to photographs of F dialogue contents), and the Acts and subordinate statutes of the E-name bank account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime requires strict punishment of the Defendant, as it facilitates the crime with great social harm, such as singing, etc., and makes it difficult to arrest the offender.

However, it is favorable that the defendant's mistake and reflects, and that there is no record of the same kind of crime.

Such circumstances and defendants.