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(영문) 대전지방법원 천안지원 2019.07.10 2019고단1149
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

On February 18, 2019, the Defendant sent C message to the effect that “If you send a e-mail card, I would like to get a work loan by accumulating the transaction performance” from the person in charge of the transaction in front of the Seo-gu, Seo-gu B apartment on the front of the Seo-gu, Seo-gu, Seocheon-gu, Incheon, and sent the e-mail card connected with the Defendant’s name D (E) through Kwikset Service.

Accordingly, the defendant promised to receive intangible expectation interest that he/she can receive future loans through the details of deposit and withdrawal transactions, thereby lending the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Application of the Acts and subordinate statutes on response by the D Bank;

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. The sentencing ground of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order requires consideration of the following: (a) the occurrence of fraudulent damage by using the means of access leased by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; and (d) the accused is against himself/herself; and (c) the accused

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