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(영문) 서울남부지방법원 2020.10.21 2020고정1529
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

In using and managing a means of access, no one shall promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, around 14:00 on December 3, 2019, the Defendant accepted the proposal that “on the basis of sending the check, the Defendant would give a low interest rate loan to the previous lending business entity.” On the other hand, at around C points in Gangseo-gu Seoul Metropolitan Government, the Defendant sent the check card in the name of the Defendant’s bank account (D) via Kwikset service.

Accordingly, the Defendant promised to borrow the means of access in consideration of intangible expectation interest that the Defendant can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on internal investigation and reporting (Attachment of materials on replies, such as details of account transactions, etc. by financial institutions), and personal financial transactions;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act recognize and reflects all of the crimes in this case, there is no benefit accrued from the crime in this case, and there is no record of punishment, and other circumstances, such as the defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, which are conditions for sentencing specified in the arguments in this case and the records, shall be determined as ordered by the Disposition.

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