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(영문) 의정부지방법원 2020.04.27 2020고단572
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

No person shall, in using and managing a means of access, engage in any act of lending in return for receiving, demanding or promising any compensation.

Nevertheless, on June 2019, the Defendant listened to the purport that “I will grant a loan to 5% interest interest interest per month” from the first and second needy person on June 2019, and would offer a loan if I send a e-mail card of 6 million won to the extent that I can use it for the purpose of paying interest on the loan.” In order to receive the loan.

5. From 16:00 to Macheon City’s “C”, Kwikset Service sent a physical card connected to a bank account under the name of the Defendant to the above in 16:00.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the accused.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on internal investigation (Attachment to response documents by a D bank);

1. Application of Acts and subordinate statutes on a petition;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access, which was ordinarily used in the singing criminal act, causes a large number of good victims, and thus, it is highly necessary to punish the act of lending the means of access. In fact, the means of access leased by the Defendant was used in the

However, all kinds of sentencing shown in the records and arguments of this case, including the fact that the defendant reflects his mistake, the fact that the defendant seems to have no benefit from the actual acquisition of the crime of this case, the first offender who has no record of criminal punishment, etc., and other favorable circumstances, such as the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, balance with general sentencing cases of the same or similar kind, etc.

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