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(영문) 수원지방법원 여주지원 2019.03.08 2019고단32

전자금융거래법위반

Text

Defendant shall be punished by a fine of two 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

On October 22, 2018, the Defendant received a proposal that “A loan would be made available by accumulating transaction performance by repeating the entry fee if he/she wishes to obtain a loan,” from a person under a false name who misrepresented him/her in the name of the savings bank B, and around 12:00 of the same month, the Defendant sent one check card that is linked to the account (Account Number:F) in the name of the Defendant’s name to the account of the E-bank (Account Number:F) in front of the “D” located in E-si, Leecheon-si and notified him/her of the password card’s password by telephone.

As a result, the Defendant promised intangible expectation interest that can receive a future loan by accumulating transaction performance through false deposit collection transactions, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. Application of the Acts and subordinate statutes governing the inquiry of liquidity details;

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

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

1. The Defendant’s means of access for the sentencing of Article 334(1) of the Criminal Procedure Act shall be considered to have been used for the criminal act of licensing, taking into account the favorable circumstances, such as the fact that the Defendant’s means of access was used for the criminal act of licensing, the fact that there is no benefit obtained by the Defendant, and that the Defendant

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.