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(영문) 수원지방법원성남지원 2020.12.23 2020고정679
전자금융거래법위반
Text

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

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Unless otherwise specifically provided for in other Acts, no one may borrow or lend a means of access, or keep, deliver or distribute the means of access, in the course of managing the use of the means of access, even though the Defendant, on January 10, 2020, stated that “it is possible to open a Roman passbook; to obtain a loan, it is possible to partially repay the existing loan; to obtain a loan, it is necessary to pay the loan without any repayment fee even if it is sent.”

1. On January 17, 2020: (a) around 15:30 on January 17, 2020, to the infinite male who sent the Defendant’s name in secret from the Defendant’s office at the Defendant’s office, one physical card linked to his bank’s E account; (b)

2. At around January 17, 2020, at the above location, a copy of another physical card linked to B Bank E account was drawn up.

Accordingly, the Defendant promised to provide a loan and lent two physical cards, a means of access.

Summary of Evidence

1. Application of the police interrogation report on the defendant's interrogation protocol of the defendant on the defendant's statutory statement (Submission of the suspect's interrogation record AKakao Stockholm conversation), and application of the law to the Kakao

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant provision of criminal facts, the choice of punishment, and Article 49 (4) 2 of the Electronic Financial Transactions Act, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Act

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is to ensure that the above physical card is at risk of being used for licensing crimes by leasing the physical card in a timely manner in order to obtain a loan easily, and that the crime is not less complicated.

However, the fact that the defendant was the first offender, and was caused to commit the crime of this case, and that the cream card of this case was not actually used for the scam.

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