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(영문) 수원지방법원 안양지원 2020.05.15 2020고단31
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

No person shall borrow or lend a means of access while receiving, demanding or promising compensation.

Nevertheless, on October 4, 2019, the Defendant borrowed 4 million won mobile phone from a nameless person who misrepresented as a lending business operator on or around October 4, 2019 on the condition of “24% per annum from 4 million won to 24% per annum, and 12 months from a redemption institution. However, since crow Card needs to be used to redeem interest, she will provide loans if he/she send ckwikset Service Articles sent by us with ckwikset Service Officer,” upon receipt of a proposal, and received 4 million won of loans from 4.0 million won, around October 14, 2019, to Kwikset Service Officer who sent the above nameless person at the Defendant’s residence in B and C, at the Defendant’s named bank account (E) in the name of the Defendant, and in return for lending the above ck Card in return for any intangible profits of financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes requesting the provision of search, seizure and verification warrant, and CCTV data;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won;

2. As to the instant crime, the act of lending the means of access to another person, like the instant crime, is highly likely to be used as a means of other crimes, such as scam, etc., with a high risk of using it as a means of punishment. However, the Defendant also committed an offense by deceiving the horses of an unscambling person, i.e., doing so, the Defendant did not have any record of criminal punishment exceeding a fine, and other circumstances

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