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(영문) 서울서부지방법원 2020.10.14 2020고정795
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, on April 8, 2020, the defendant extended a loan of KRW 4 million from an employee of the Electronic Financial Fraud Group who pretended to engage in the lending business at an unsound place.

A check card shall be changed so that the principal and interest of each month may be freely withdrawn.

“On the 10th day of the following month after receiving the proposal and consenting thereto, “Swikset Card” was sent to Kwikset Service Articles who received the direction of the above person in his name in connection with the future deposit account (Account Number: D) in the name of the defendant in the presence of Guro-gu Seoul Metropolitan Government.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including the attached Kakao Stockholm dialogue content);

1. Police statements prepared in E;

1. Application of the Kakao Stockholm dialogue, data on details of transfers, and the statutes on response data by financial institutions;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the defendant's name was used for fraud.

The sentence shall be determined as ordered in consideration of the circumstances such as the confession of a crime and the fact that the defendant has no record of criminal punishment, and the circumstances of the crime, the background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age and character of the defendant, and the environment.

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