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(영문) 대전지방법원천안지원 2020.10.13 2020고정372
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall commit any act of lending any means of access while promising to use and manage the means of access.

On March 2020, the Defendant received a proposal from a person under whose name the Defendant misrepresented the employees of a financial institution, stating that “to help him/her obtain loans at a rate lower than that of the existing loan”, and provided information on the means of access, such as account number,OTP number, password, etc., so that he/she may engage in the transaction of B bank accounts (C) in the name of the Defendant.

As a result, the Defendant promised to provide a loan, and lent the means of access of the Defendant to a nameless person.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the electronic financial transfer report of D, electronic financial transfer results, and text messages;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following circumstances) of the suspended sentence is that the defendant would not be involved in such a crime again, and there are circumstances that may be considered in the circumstances leading to the crime, and there are no same criminal records.

In addition, the defendant first requests the bank to suspend payment, and the defendant does not transfer the amount of damage and returned the amount of damage to the Bosing victim.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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