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(영문) 수원지방법원 안양지원 2020.03.27 2019고단2627
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 borrow or lend a means of access used in an electronic financial transaction while receiving, demanding or promising any compensation therefor.

On August 20, 2019, the Defendant accepted a proposal that “a loan will be made at KRW 80 million at interest 3.5% per annum and KRW 3.5% per annum from a person who assumes a false name in B Bank C agent at an unsound place, and, if the Defendant wishes to obtain a loan, would be made after making a statement of transactions of entry and departure from the bank if he/she send a hybrid card.” On the same day, at around 11:00 of the same day, the Defendant sent a physical card each connected to the F (G) and the H Bank account in front of Suwon-gu D apartment, Suwon-si, Suwon-si, and its password, through Kwikset Service Articles.

As a result, the Defendant promised to return the means of access to financial institutions in return for the intangible expected interest of future loans, and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and written statement of the J;

1. Application of Acts and subordinate statutes to the details of transfer, each customer information file (CIF), and each entry and withdrawal transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] of the sentencing of a fine of KRW 50,000 to KRW 20,000 (Application of the sentencing criteria], and the sentencing criteria not applicable [decision of sentence] of a fine of KRW 3,00,000,000, and all the conditions of sentencing indicated in the circumstances and records are determined as the sentence

Unfavorable circumstances: The act of lending a means of access to another person, such as the instant crime, is highly likely to be used as a means of other crimes, and thus there is a high risk of using it as a means of punishment: the Defendant is against the law.

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