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(영문) 광주지방법원 순천지원 2021.01.12 2020고정265

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 20 days shall apply.

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, on January 7, 2020, the Defendant, who misrepresented a lending business entity on or before the name of the lending business entity, would make loans by raising credit rating by creating a transaction performance in the current account under the name of the party and informing the B account number and password under the name of the party and send a physical card.

I accepted and accepted the proposal to the effect that “as soon as possible, I sent a physical card connected to the Defendant’s B account (Account Number: C) at an infinite time and below, to the name infinite.

As a result, the Defendant promised the intangible expectation interest that can receive future loans and lent the access media to the name influence.

Summary of Evidence

1. Application of Acts and subordinate statutes on electronic financial transaction reply data to the police's statement protocol with regard to defendant's legal statement D;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202) on criminal facts and the selection of a fine for negligence

1. Articles 70 and 69 (2) of the Criminal Act (amount of money to be converted to a workhouse: 100,000 won per day);

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant’s age, sexual conduct, environment, motive, background, means and consequence of the crime; and (b) the sentence is determined as ordered by taking into account all the factors of sentencing as shown in the trial process of the instant case, including the circumstances after the crime.