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(영문) 서울서부지방법원 2020.01.15 2019고단3802
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

No person shall, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.

Nevertheless, around May 2019, the Defendant: (a) received a proposal that “a business entity loan can be made up to KRW 50 million; (b) can be made similar to the market price interest rate; (c) first, he would return the check card to Kwikset after undergoing several tests, and agreed to do so; and (d) around that time, he sent one check card connected to the Defendant’s name SC Japan bank account (C) in front of the Defendant’s residence in Mapo-gu Seoul Mapo-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the fact that the means of access leased by the defendant was used for the crime of fraud, the degree of perception of illegality, and the degree of perception of illegality: Provided, That the defendant committed the crime of this case; the defendant does not have the same criminal records; and the defendant’s age, character and behavior, career, motive for the crime; and circumstances after the crime, etc.,

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