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(영문) 수원지방법원여주지원 2020.09.15 2019고단738

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising the payment.

Nevertheless, around December 2018, the Defendant heard the phrase “to obtain a loan from a person who has misrepresented his/her financial company, he/she must accumulate his/her transaction performance. To this end, the Defendant sent a physical card to him/her, thereby making a loan by piling up his/her transaction performance.” At that time, the Defendant sent one physical card connected to the company bank account (B) in the name of the Defendant at the Leecheon-si Inter-si Bus Terminal located in Leecheon-si, Leecheon-si, Seoul, by sending one copy of the physical card connected to the company bank account (B) in the name of the Defendant to the non-resident.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

Application of Acts and subordinate statutes to Defendant’s legal statement, C’s statement, remittance statement

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the means of access to the criminal act of licensing, the social harm, etc. of the criminal act of licensing is considered as disadvantageous circumstances, such as the perception and reflectivity, and the motive, circumstance, etc. of the crime.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.