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(영문) 광주지방법원 순천지원 2020.02.06 2019고단2545
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no person shall transfer or take over any access medium unless otherwise specifically provided for in other Acts.

Nevertheless, on April 9, 2019, the Defendant: (a) obtained a telephone from the Defendant that provides low interest rate loan; and (b) discovered low interest rate loan; and (c) transferred the name in a way that, “it is possible to lend KRW 10 million at the interest rate of 2% per month per head of the C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to details of transfer transactions and materials replyed to financial companies;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that electronic financial transactions transferred to another person on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for fraud crimes, such as singing, etc., and that the account of the means of access actually transferred by the defendant has been used for fraud, it is necessary to strictly punish the defendant.

However, the defendant recognizes all of the crimes of this case and reflects his mistake in depth, the defendant seems to have no profit from the crime of this case, the fact that there is no record of crime, and other facts.

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