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(영문) 대전지방법원공주지원 2020.10.27 2020고단406
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Around November 2018, the Defendant was presented a proposal to the effect that “A loan is impossible for our company due to a low credit rating due to a low credit rating: Provided, That when sending a check card, the Defendant would receive a loan from another lending company through the connected account and withdraw 10% of the brokerage commission and return the check card.”

The Defendant agreed to receive a loan from a lending company under normal circumstances due to low credit rating, and sent Kwikset Service Articles, through Kwikset Service Articles, which sent the name-free winners of the roads in front of Pyeongtaek-si B, around November 16, 2018, to the Defendant’s account under the name of the Defendant.

As a result, the Defendant promised to receive a future loan and lent a means of access.

Summary of Evidence

1. Application of the police's written statement, search, seizure, verification warrant and reply statute to F of the defendant's statutory statement;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors of the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account and determined as ordered by the Disposition.

D. Unfavorable circumstances: The circumstances that the means of access leased by the Defendant was used for the crime of Bophishing: The fact that the Defendant recognized the mistake and reflects it, the fact that the amount of damage was recovered, and that there was no criminal force.

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