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(영문) 광주지방법원목포지원 2020.09.22 2020고정102
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall receive the promise to receive and lend any means of access used in electronic financial transactions.

Nevertheless, around August 3, 2019, the Defendant offered a loan to the lowest of three million won from a person who has no name, to the third party. However, the Defendant received a proposal that “I will send a physical card to the highest one, but I will give a loan as security because of low credit,” and, around August 6, 2019, the Defendant sent a physical card to the person who has no name, using a one copy of the physical card connected with the Defendant’s name Gwangju Bank account (Account Number: C) in front of the wife’s population at Chicago-si around August 6, 2019, as ordered by the above person who has no name.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to data on details of transfer of victims' money, photographic data, search, seizure and verification warrant, search and inspection warrant;

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

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: (a) although the means of access leased by the Defendant was actually used for the singinging crime and the victim was generated; (b) there are circumstances to consider that the Defendant lent the means of access to the speech that the Defendant loaned the means of access; (c) there are no records of the same crime and fine excess; (d) there are no profits acquired by the instant crime; and (e) there are no profits acquired by the instant crime; and (e) there are no profits acquired by the Defendant due to the instant crime; and (e) there are

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