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(영문) 전주지방법원 군산지원 2019.10.02 2019고단803
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

On February 13, 2019, no one may borrow or lend a means of access in the course of receiving, demanding or promising the payment, the Defendant received a proposal that “to grant a loan by accumulating transaction performance, and send a physical card necessary to enhance credit” from a person with no name, and accepted it on February 14, 2019. On February 14, 2019, the Defendant sent a copy of the physical card connected to the BF account under the name of the Defendant at the Seocheon-gu, Seosan-gu, Seosan-gu, Seocheon-ro 22-3 (C).

As a result, the Defendant promised to receive future loans in return for the expected interest, and lent the means of access to his name in return for them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of the relevant Acts and subordinate statutes to petition, internal investigation report and passbook titleholder A; and

1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (Selection of Fines) of the option of criminal punishment [Selection of fines] [The act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act shall be subject to a fine, taking into account the following factors: (a) the act of lending means of access, etc. can be abused for crimes, such as singinging, avoiding taxes, and gambling; (b) the act of lending means of access has been committed on a yearly basis; (c) the actual occurrence of the victim of singishing; and (d) the act of repeating a crime even if the suspension of indictment was imposed on one occasion for the same kind of crime, taking into account the fact that there is no record of punishment exceeding the Defendant’s serious radius and fine

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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