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(영문) 인천지방법원 2021.02.18 2020고단7507
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium in receiving, demanding or promising to receive any consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, on April 15, 2020, the Defendant sent a letter of official approval to enable the use of Internet banking in the case where it is difficult to lend credit to a loan operator and it is difficult to lend credit due to the loan of No. 2 financial rights, but if it is deposited into the company’s account, the Defendant would give a loan up to KRW 40 million at a low interest rate of 6-9% per annum, following the Defendant’s act of manipulating the credit rating by depositing the company’s funds into the company’s account.

“On April 16, 2020, upon receipt of a proposal to the effect that “,” and accepted it, sent a certified certificate connected to the bank account B (C) in the name of the Defendant to the said Bosing staff through Internet banking.

As a result, the Defendant lent the access media with an intangible commitment to the implementation of the loan.

Summary of Evidence

1. Application of Acts and subordinate statutes to evidence submitted by the suspect A of the police statement protocol on the defendant's legal statement D (the Kakao conversation)

1. Article 49(4)2 and Article 6(3)2 (a) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts, the pertinent provision of the Act, the selection of a fine for a crime, and the selection of a fine

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

1. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment, are recognized by the Defendant.

Unfavorable circumstances: The crime of this case is likely to be the means of other crimes, such as fraud, and the social harm is serious, and the access media leased by the defendant seems to have been used for actual fraud.

The defendant has previously been punished several times due to frauds, etc., and the light of the year 2017.

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