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(영문) 의정부지방법원 고양지원 2019.10.01 2019고단751
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

No person shall borrow or lend a means of access with the knowledge that he/she is to be used for a crime or to be used in such crime.

Nevertheless, around January 4, 2019, the Defendant, “C,” in front of the trade name “C,” in which the Defendant works for the Defendant on the second floor of the building in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the second floor of the building B, “I would make a loan to the bad credit holder. If you send the physical card, I would make a false transaction performance and improve the credit rating, and then I would make a loan.” The Defendant, upon receipt of a proposal to commit a loan fraud, accepted it, sent one check card connected to the Defendant’s new bank account in the name of the Defendant, through Kwikkset.

Accordingly, the Defendant lent the means of access for the purpose of crime use.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of written confirmations of results of electronic financial transfer, details of transactions under Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access can be used for the crime, the means of access leased by the Defendant is used for the crime of Bosing, and the fact that the Defendant had the record of suspending indictment for the crime of violating the Electronic Financial Transactions Act in 2018 is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that there is no record of criminal punishment, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.

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