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(영문) 서울중앙지방법원 2020.09.24 2019고정2354
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 November 6, 2018, the Defendant proposed that “a loan is problematic due to a low credit rating, but this part of the loan is to be loaned by resolving the loan.” Upon receipt of a proposal from a person with no personal standing, the Defendant issued two copies of the physical card to a person with no personal standing and notified him/her of the password, which are linked to the account in the name of the Defendant (D) and E (F).”

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Response to a request for financial transaction information;

1. Application of the reply statutes to a request for financial transaction information to the Fund for a financial transaction plan;

1. Articles 49(4)2 and 6(3)2 of the Act on the Electronic Financial Transactions (amended by Act No. 17297 of May 19, 202) concerning criminal facts, the selection of fines, and the selection of fines

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

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 is that the defendant does not have a criminal record in addition to the punishment of a fine once for the crime of a different type of crime, and that recognizing the crime is more favorable.

The lending of the means of access used in financial transactions, such as the instant crime, is highly likely to be used for a systematic crime, such as singing, etc. In fact, the Defendant’s lending account was used for singing crimes, and the circumstances constituting the conditions for sentencing appearing in the instant records and arguments, such as the motive, means and consequence of other crimes, and the circumstances after the crime, etc., shall be determined by taking into consideration equally.

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