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(영문) 수원지방법원 안양지원 2020.04.28 2020고단94
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

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

Nevertheless, on September 24, 2019, the Defendant: (a) sent a e-mail card to a designated location; and (b) obtained the approval of the loan after deliberation from a person in bad name who assumes the name of the lending business entity; (c) received the proposal and then lent the e-mail card to the address designated by the deceased in the name of the Defendant in the name of the first bank account (number: D) during the same day; and (d) lent the means of access to the financial institution in return for the intangible expected interest that can receive the future loan by packaging one e-mail card connected to the e-mail account in the name of the Defendant at the same time during the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition and a written statement;

1. Application of the Acts and subordinate statutes on the admission details and the Kakao Stockholm dialogue details;

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 of the provisional payment order [the scope of applicable sentences under the law] 50,000 won to 20 million won to 30,000 won to 50,000 won to 200,000 won to be punished, so it is possible for the Defendant to commit other crimes, such as singing, etc. by lending the means of access to the financial media so that the Defendant is capable of committing such other crimes. As such, the criminal liability for the instant crime is not less complicated, but the instant crime was committed as a first offense without any criminal power to obtain a loan, and there is no actual profit.

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