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(영문) 대전지방법원 2020.05.15 2020고단1068
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a means of access for electronic financial transactions while promising such payment.

On August 2, 2019, the Defendant called on August 15:30, 201, that the Defendant would give a loan from his nameless, in a remote distance of Yongsan-dong located in 644, Seo-gu, Daejeon, Seo-gu, Daejeon, to the phone from his nameless, and agreed to give a loan from his nameless, and sent the check card through Kwikset service article.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant laws concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is an act of lending the means of access for electronic financial transactions, and thus requires strict punishment. The fact that the means of access leased by the Defendant was actually used for the crime of singing, etc. is disadvantageous to the Defendant.

On the other hand, it appears that the Defendant would have caused the instant crime by deceiving the Defendant that he had provided a loan under the circumstances where economic situation is difficult, and that the Defendant did not obtain any profit from the instant crime, that the Defendant did not recognize and reflect his mistake, and that the Defendant was the first offender, etc. are favorable to the Defendant.

In addition, all the sentencing factors in the records of this case and the trial process, including equity with the punishment cases of the same kind, are considered comprehensively taking into account the following factors: Defendant’s age, character and conduct, motive and means of crime, and circumstances before and after the crime.

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