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(영문) 청주지방법원 2020.05.26 2020고정49
전자금융거래법위반
Text

Defendant shall be punished by a fine of one 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

At around 16:00 on July 24, 2019, the Defendant, who misrepresented the team leader of the B Company C at a place unclaimed, shall hear the horses that “it is necessary to verify whether the C Card is normally traded, 3 million won of the loan, 20% of the loan, 20% of the loan, and 6 months of the repayment period, and then send the F Bank Account Number in the name of the Defendant: (a) around the Defendant’s residence in Cheongdong-gu D Apartment-gu, Chungcheongnam-gu, and E; and (b) around that time, the Defendant agreed to the end that “The F Bank Account Number in the name of the Defendant: (c) delivered the name in return for any intangible expected profit that can be received in the future by promising Kwikset Service to lend the means of access to the name in return for any intangible profit that can be received in the future.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of statutes concerning the provision of 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. Article 334(1) of the Criminal Procedure Act provides a punishment corresponding to the criminal liability as stated in the reason for sentencing of Article 334(1) of the same Act; however, the punishment may not have been predicted until the circumstances that the means of access should be used for the crime committed by fraud; recognition of errors and rebuttals; economic circumstances, etc. shall be determined by taking into account

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