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(영문) 대전지방법원 천안지원 2021.02.02 2020고정455
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 lend any electronic financial transaction-related access medium while demanding, demanding or promising the consideration.

Nevertheless, on August 21, 2019, the Defendant is allowed to lend a loan without any relationship between security and credit rating from a person who assumes a false name from a lending company's staff at a minor place.

We received the proposal that the customer's check should be sent to the account and repaid the principal and interest of the loan with the account, and in response, at around August 27, 2019, at C located in Asan-si B, Asan-si, the e-mail card connected to the Defendant's Saemaul Treasury Account (D) in the name of the Defendant was packed and delivered to the e-mail.

As a result, the Defendant promised to pay for the intangible expected interest of future loans, and lent the electronic financial transaction access media to the name in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of transfer transactions and response data on finance;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognizes his criminal act.

However, the defendant had been sentenced to imprisonment two times with prison labor due to the previous convictions, and the account of the defendant has been used in the singing crime, and the actual damage has been incurred is disadvantageous.

In addition to this, all the circumstances revealed in the trial process, such as the background of the crime and the circumstances after the crime, the punishment as ordered shall be determined.

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