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(영문) 춘천지방법원 2020.08.11 2020고정43
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 27, 2019 (see, e.g., evidence record No. 56), the Defendant accepted a proposal to the effect that “the Defendant sent a physical card at a low interest rate to the Defendant’s lending,” and then, accepted it on the same day, the Defendant sent a physical card connected to the account of community credit cooperatives (number B: No. 18 pages of evidence record) in the name of the Defendant at a new post office located in Chuncheon-Eup/Myeon on the same day by using one unit of the physical card connected to the account of community credit cooperatives (number B) in the name of the Defendant.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of transfer confirmation certificate;

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

1. Before the Defendant lending the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the account in the name of the Defendant was used for the so-called “wishing” crime in which the account in the name of the Defendant C is the victim, and the above C wired money to the above account in the name of the Defendant, which the Defendant released and disbursed it for personal purposes.

(See Articles 38, 58 of the Evidence Records).

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