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(영문) 광주지방법원 장흥지원 2018.08.23 2018고단99

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

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, on January 25, 2018, the Defendant would have extended a loan to KRW 80 million from a person in unsound name who assumes the name of the team leader at the sub-speak-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) and assumes the name of the team leader at the sub-speak-si.

When sending the deposit withdrawal card, the bank received the proposal that it would open the Maspbook with the card, and accordingly, notified the account number and password by telephone to the above party, and sent it to the "Seoul Yeongdeungpo-gu D2 floor E, Seoul, by packaging one copy of the Masp Card connected to the Defendant's name credit account at the Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul, Seoul, at around 14:00 on the same day.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing deposit verification;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

Corresponding factors: The defendant acknowledges and reflects his mistake; there is no criminal conviction for the same kind; nor there is no criminal punishment exceeding the fine.

In this case, the Defendant’s check card appears to have been used for a crime (the Defendant’s check) as the leased approach media is used for a crime such as Bosing, etc.