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(영문) 전주지방법원 군산지원 2019.08.14 2019고단578
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 12:00 on January 4, 2019, the Defendant received the phrase “to increase the details of transactions to proceed with the loan” from a post office prior to the C University located in the Gunsan City B through D message, and then delivered a check card connected with the Defendant’s bank account (E) in the name of the Defendant to whom the loan was granted, after accepting the check.”

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on damage and remittance;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the provisional payment order is to facilitate the crime that has great social harm, such as fingering, etc. and to make it difficult to arrest the offender, and thus, requires strict punishment

However, the fact that the defendant was sentenced to a fine of KRW 500,000 due to the violation of the Road Traffic Act in 2000, and there is no particular criminal history is a favorable condition.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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