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(영문) 광주지방법원 순천지원 2019.06.20 2019고단705

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.

Nevertheless, at around 14:50 on December 12, 2018, the Defendant: (a) at a post office located in Mayang-dong, Jeonyang-dong, Jeonyang-dong, the Defendant heard the horses that “if he wishes to obtain a loan, he must have the actual usage of the loan, he will complete the transaction performance and return it,” and sent the e-mail card.” (b) sent the e-mail card to the BB bank account in the name of the Defendant, and issued the e-mail card to the e-mailer using the e-mail card, and notified the password of the e-mail card.

As a result, the Defendant promised to pay credit rating through false deposit collection transactions in return for intangible expectation interest that can receive future loans, and lent the means of access to a person who has failed to obtain the name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of each specification of transactions, E letters, and statutes governing banking transactions;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order can be used as a means of means of access for electronic financial transactions, and in this case, the means of access leased by the defendant was used for the crime of Bosing.

On the other hand, the defendant has no record of punishment, and there is no benefit of the defendant from the crime of this case, there is no economic difficulty, thereby resulting in the crime of this case, and actively and seriously endeavoring to recover damage by making contact with D who reported Bosing, compensating for damage, etc., and D has not been punished against the defendant.