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(영문) 대전지방법원 공주지원 2021.01.12 2020고단39
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

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, the Defendant, on August 2019, sent a e-mail card to the Defendant for the purpose of receiving the principal and interest of the loan from a person who was in the name of the lower police officer.

“Along with the word “,” on September 2, 2019, from the front day of C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, through Kwikset Service Articles, sent a physical card connected to the D (E) account under the name of the Defendant to the person in default of his name. Around that time, Kwikset-si Office informed the password of the above account to the person in default of his name.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

The police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on the identification of financial transactions in the police statement protocol with respect to F, details of transactions, and dialogues;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined

Unfavorable circumstances: The circumstances in which the access media provided by the Defendant was used for the crime of Bosing: The fact that the Defendant did not gain any particular benefit, and there was no previous conviction in the same kind;

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