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(영문) 춘천지방법원 원주지원 2020.04.29 2019고단1086

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, around 10:36 on August 5, 2019, the Defendant received a proposal from the name-free person in front of the building B, subparagraph C, and sent a physical card “on the face of sending the principal and interest so that they may withdraw the principal and interest,” and sent a copy of the physical card connected to the future deposit account (D) in the name of the Defendant through Kwikset service.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the transfer certificate, the Kakakao Stockholm photograph Acts and subordinate statutes;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [Incompetence] is a crime of lending means of access that can be used for various crimes, such as tax evasion, gambling, fraud, etc.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.

In other words, there is a wrong recognition and contradiction.

There is no benefit acquired through the instant crime.

There is no history of criminal punishment.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.