(영문) 수원지방법원평택지원 2020.12.11 2020고단1587

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(영문) 수원지방법원평택지원 2020.12.11 2020고단1587

전자금융거래법위반

Text

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

No one shall commit any act of lending any means of access in return for promising the consideration therefor.

Nevertheless, around March 2020, the Defendant received a proposal that “if he send a crow, he will create a transaction performance and offer a loan” from a person with no personal name, and accepted it on March 27, 2020, the Defendant sent the crow card to the person with no personal name, which was linked to the bank account under the name of the Defendant at the post office located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, and then sent it to the person with no personal name.

As a result, the Defendant promised to receive a loan and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Certificates of transfer transactions;

1. Application of the B Bank Answer Data Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was as follows: (a) the Defendant placed the physical card, which is the means of access, on the part of the accused; and (b) the said means of access had been used

Even though the defendant was suspended from indictment for the same crime, it shall be considered that the defendant has committed a second offense due to unfavorable circumstances; however, it shall be considered that the defendant has no criminal record for the same offense; and that the defendant has committed the crime of this case to obtain a loan by himself; and that the defendant does not seek pecuniary profits; consideration shall be given to favorable circumstances; and other factors of sentencing specified in the trial process of this case, such as the defendant's age and character, personality and conduct, family relationship, motive, means and consequence of the crime; and

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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