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(영문) 수원지방법원 여주지원 2019.05.17 2019고단190
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising the payment.

Nevertheless, on December 3, 2018, the Defendant: (a) heard from a person under whose name the Defendant misrepresented the lending business entity, the Defendant provided a means of access with the expression “to provide a loan of KRW 4 million on the face of sending a physical card, informing him/her of the number necessary for the repayment of existing loans; and sending the physical card; and (b) promised to provide a loan of KRW 4 million on December 4, 2018 in front of the Defendant’s name in the name of the lending business entity; and (c) according to the agreement, around 16:00 on December 4, 2018, one physical card connected to the C Bank Account (D) in front of the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on statement to E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the Defendant’s use of the means of access for the crime of Bosing, given the favorable circumstances, such as: (a) the fact that the Defendant’s means of access was used for the crime of Bosing; (b) the fact that some of the money was refunded to the victim of Bosing; (c) the fact that the victim

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.

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