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(영문) 대전지방법원 2021.02.05 2020고단4692
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a real estate consulting employee.

No one shall distribute any access medium used for financial transactions while receiving, demanding or promising the consideration.

Nevertheless, around the first half of February 2018, the Defendant loaned KRW 30 million from a person who was in a name without standing to a third party after raising credit for a six-month transaction.

“On the face of the contact, I promised to contact with the person under whose name he was infinite to borrow KRW 30 million, and then deliver to the person under whose name the box containing one head of the Tong-dong, Daejeon-dong, Daejeon-dong, one head of the Tong-dong, one physical card, and one password connected to the post office account under the name of the defendant at the Daejeon Dong-dong, Daejeon-dong, Daejeon-dong, to deliver the box to the person under whose name the box was infinite to the original terminal.

As a result, the Defendant promised to pay for, distributed the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. To instruct criminals, specific financial transaction information, internal investigation, and report internal investigation (related to A currency);

1. Application of Acts and subordinate statutes on specified financial transaction information and transaction statements of post office accounts;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that it is necessary to strictly punish the instant crime as a means of other crimes, such as singishing, etc., by distributing the access media for electronic financial transactions. The fact that the access media provided by the Defendant was actually used for other crimes is disadvantageous to the Defendant.

On the other hand, the Defendant appears to have caused the instant crime, the Defendant did not actually acquire any profit due to the instant crime, and the Defendant recognized his mistake.

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