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(영문) 전주지방법원 2017.03.23 2016고단2101

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

On June 2016, the Defendant sent a passbook to receive a loan from a person who has no name to the name of the Defendant.

In addition, the phrase “to have a loan KRW 70 million from the delivery of passbooks” was proposed, and around June 2016, the Defendant sent passbook, check card, and official certificate connected to the Agricultural Cooperative Account (D) opened in the name of the company with limited liability, through Kwikset service article.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A damage statement of E;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the electronic financial transaction access media that the Defendant transferred is connected to the account opened on March 26, 2012, which was four years prior to the instant crime. Although it was an abnormal method, it does not seem that Defendant’s change in the place of the instant crime for the purpose of obtaining a loan, it is difficult to take into account the circumstances of the instant crime. As such, there is no benefit gained by the Defendant from the instant crime, and the said account was used for a fraudulent crime, but it was revealed that the Defendant paid the amount of fraudulent damage to the victim, etc., the Defendant is punished by a fine, taking into account the sentencing conditions favorable to the Defendant.