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(영문) 서울중앙지방법원 2018.06.20 2018고단1920
전자금융거래법위반등
Text

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

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

Reasons

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend any access medium with the promise of compensation in using and managing the access medium;

Nevertheless, around 14:00 on October 23, 2017, the Defendant promised to receive a certain amount of money in return for the lending of the check to the nameless in the nameless in the second place in the new bank in Dongjak-gu Seoul Metropolitan Government, Seoul, the Defendant lent the Defendant’s access media to the nameless in the manner that the personal compromise account (D) and the Saemaul Treasury account (E) are opened to the Kwikset service article.

2. On October 25, 2017, the Defendant embezzled KRW 5 million deposited in the Defendant’s name-free account (D) at the 102 Seongdong-gu, Dongjak-gu, Seoul Metropolitan Government branch office of the Dongjak-gu Credit Union, to use for personal debt repayment, etc. while making a false statement that the Defendant granted the Defendant a low interest rate loan to the victim F at the 102 Seongdong-gu branch office of the Dongjak-gu, Seoul. The Defendant embezzled KRW 5 million on the part of the victim and embezzled KRW 5 million on the part of the victim to use for personal debt repayment, etc., and embezzled KRW 5 million on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to the statement of transfer and the statement of remittance without passbook;

1. Article 355 of the Criminal Act applicable to the relevant criminal facts, Article 355 of the Criminal Act (the point of embezzlement) and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the number of accessible media leased by the defendant for the reason of sentencing, the degree of profits the defendant acquired by the crime of this case, the defendant did not have any record of punishment for the same crime, and the defendant’s motive and details of the crime of this case and his age, sexual behavior, etc. as prescribed in Article 51 of the Criminal Act.

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