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(영문) 대전지방법원 서산지원 2020.07.23 2020고정95
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation for the use and management thereof.

Nevertheless, around 16:00 on October 29, 2019, the Defendant called from the Sinsan-ro 16:00 Sinsan-ro 165 Sinsan-dong post office to the effect that “on the face of sending a e-mail card, it is intended to execute a substitute loan.” After receiving a loan, the Defendant promised to receive the loan, and then lent the means of access by sending the e-mail card connected to the B bank account (C) under the name of the Defendant to the name-dissured person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposit certificates of passbooks and response data on financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. Taking into account the circumstances after committing a crime with reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant runs against the defendant

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