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(영문) 수원지방법원 안양지원 2020.04.02 2019고단2424

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

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

Nevertheless, around August 8, 2019, the Defendant: (a) heard the horses that “it is possible to lend at the interest rate of 2.5% per month; (b) the Defendant sent a physical card to pay loans and interest; and (c) issued Kwikset service articles to send a physical card connected to the bank account (E) in the name of the Defendant in the name of the Defendant in front of the Kapo-si B Apartment-si, Si, Gunpo-si, Gunpo-si.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A reply to a petition, a specification of transactions, and a request for financial transaction information;

1. Application of the statutes governing the submission of the Kakao Stockholm conversation;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under the law】 A fine of KRW 50,00,000 won to 20,000 won [Pronouncement of Punishment] In light of a series of crimes committed by the Defendant through lending the means of access to KRW 3 million, the liability for the crime of this case is not less specific, but there is no benefit acquired in return for the means of access lending, suspension of payment to the Defendant’s account and prevention of withdrawal of money deposited in the singishing crime. All of the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, occupation, character and conduct, motive and background of the crime, circumstances after the crime, and sentencing guidelines.