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(영문) 광주지방법원 순천지원 2021.03.25 2020고단80
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 20 days shall apply.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on September 30, 2019, the Defendant listened to the phrase “to leave a physical card to pay interest and principal because he would give a loan,” from a person in the name of the Defendant, and on October 1, 2019, the Defendant issued Kwikset service to the article with a copy of the physical card connected with the Defendant’s name in the name of the Defendant’s name, from around 11:0 to around 30, 2019, to the article with Kwikset’s service in the street in front of the Cart located in B.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Application of the police's statement transfer details to F of the defendant's legal statement F, and reply details to statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297, May 19, 202) on criminal facts and the selection of a fine for negligence

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse: 100,000 won a day);

1. The access media leased by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was used for the criminal act of licensing.

On the other hand, on the other hand, the defendant recognized the crime and divided his mistake.

The defendant is the first offender.

It seems that the perception of the defendant's consideration relationship is weak.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.

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