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(영문) 대전지방법원 2019.10.22 2019고정878
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 1, 2019, the Defendant, who introduced himself as the “C” of the bank, was promised to offer a loan to the account holder with a maximum of KRW 10,000,000,000,000,000,000 to the account holder of the bank.” On January 10, 2019, the Defendant sent a physical card connected to the account holder under the name of the Defendant by registered mail to the account holder of the bank under the name of the Defendant.

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. Application of Acts and subordinate statutes to written confirmations of the results of electronic financial transfer, written entrustment to F or written reply;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order (the refund of the amount of damage, self-refeasion, reflectivity, beneficiary status, poor health conditions, etc.);

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