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(영문) 서울남부지방법원 2020.04.22 2020고단719
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, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, at around 09:00 on August 13, 2019, the Defendant received a proposal from the Gangseo-gu Seoul Metropolitan Government office to offer a loan of up to KRW 10 million to the Defendant’s D Bank account (E) if he sent the check from his name defector, and sent the check to his name defector.

Accordingly, the Defendant promised to borrow the means of access in return for the expectation interest that he can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as details of transactions by account, customer personal information inquiry, and details of transactions;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant: The act of lending the means of access is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the defendant's actual use of the check card for fraud: The defendant is against himself; there is no profit acquired through the crime of this case; there is no profit acquired by the crime of this case; and the defendant is a primary offender who has no record of criminal punishment. As above, the defendant is determined as the sentence by taking into account all the circumstances such as the defendant's poor circumstances and the age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.

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