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(영문) 창원지방법원 마산지원 2021.01.19 2020고정381
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

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on May 2020, the Defendant would make a loan by raising credit rating by setting up a transaction performance when sending a e-mail card from a person who was aware of by telephone lending advertisement.

Upon receipt of the proposal to the effect that “the name in the Changwon-gu Masan apartment security room” was accepted, one physical card connected to the Defendant’s name C bank account was sent to the Changwon-gu Masan apartment security room, and the name in the name was brought to the Kwikseter through Kwikset Service Articles.

As a result, the defendant promised to receive compensation, and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response to financial data;

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, 2020, which was enforced on August 29, 2020), the selection of a fine for criminal facts, and the selection of a fine

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinion of the prosecutor: Fines of three million won;

4. Determination of sentence: (a) the Defendant lent a check in return for the benefit of obtaining a loan.

The defendant recognizes the crime.

The defendant returned the amount of damage deposited in the account to the victim.

There is no criminal records of the defendant beyond the same criminal records and fines.

However, the account of the defendant was actually used for the criminal conduct of Bosing.

The defendant, not the defendant, but the defendant, applied for the suspension of payment in the account.

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