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(영문) 서울남부지방법원 2020.04.22 2020고단658
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

On October 2019, the Defendant stated that “B Bank employees are 10 million won, and 10 million won can be loaned,” while receiving text messages that may be loaned from a person who was named as a police officer, and dividing a conversation with a person who was named as a police officer by using the Kakakao Kakao Messen, the Defendant stated that “B Bank employees are 10 million won, and 30 million won can be loaned.”

On the 15th day of the same month in order to obtain a loan from the Defendant, through Kwikset Service Articles, through Kwikset Service Articles, the Defendant sent a false name to the Defendant’s office located in Guro-gu Seoul Metropolitan Government, and delivered a physical card in connection with the Defendant’s name account (E).

As a result, the Defendant promised to receive a future loan in return and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on financial transaction information;

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. An unfavorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of access is a criminal with substantial ripple power because it can be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the fact that the Defendant’s lending card actually used for the crime of fraud: The Defendant is against himself; there is no benefit acquired through the crime of this case; and there is no benefit obtained from the crime of this case; and as such, the primary offender who has no record of criminal punishment is the defendant’s poor circumstances and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case; and all the conditions of sentencing as shown in the arguments and the records of this case.

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