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(영문) 춘천지방법원 원주지원 2021.03.26 2020고단903
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on January 2019, the Defendant extended a loan from the “B” agent of a lending company, whose trade name is unknown, to the extent of KRW 3 million after inquiring about the high-pollution level.

“On receipt of a proposal to the effect that “, in response to the proposal, it was sent to the above proposal, at around 14:40 on January 31, 2019, to the name-free Kwikset Service Officer, who found the place in Gangwon-do, to the address, and connected to the account in the name of Defendant’s name of the National Bank (D).

As a result, the defendant promised to receive a future loan in return for the intangible expected profit, and lent the access media used for electronic financial transactions to the name influent person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a copy of the passbook, the specifications of transactions of automation machinery, and the Kakao Stockholm dialogue;

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

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

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment, reflects the instant crime.

There is no profit gained by the defendant from the crime of this case.

There is no criminal history against the defendant.

D. Unfavorable circumstances: The Defendant committed the instant crime and thereby made it easy to commit the so-called “Sishing” crime, which is highly harmful to society.

A considerable portion of damage has not been restored.

Along with the above circumstances, various circumstances revealed in the trial process of this case, such as the defendant's age, sex, family relationship, and environment.

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