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(영문) 청주지방법원 2020.10.29 2020고정515
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around March 26, 2020, the Defendant accepted a proposal from the person who was the weak name of the lender to the loan by raising the credit rating by falsely creating the transaction statement from the person who was the weak name of the lender, and then delivered a physical card connected with the national bank account (Account Number C) under the name of the Defendant. After accepting it, the Defendant issued one physical card connected with the national bank account (Account Number C) under the name of the Defendant and notified the password around that time.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on the details of remittances;

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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) around 2013: (b) one time a fine is imposed; (c) the commission of a crime does not constitute a second offense; and (d) the Defendant’s age, character and conduct, and environment, and all other circumstances that form the conditions for sentencing specified in the records and arguments of the instant case, including the Defendant’s age, character and conduct, shall be determined as per Disposition.

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