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(영문) 전주지방법원 2020.11.25 2020고정243

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 18, 2019, the Defendant listened to the phrase “on the face of sending a e-mail card to be used in creating transaction details,” the Defendant issued the e-mail card, which is the means of access to the national bank account (Account Number:D) in the name of the Defendant, to the non-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written confirmations of the results of electronic financial transfer;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. On the ground of sentencing of Article 334(1) of the Criminal Procedure Act, lending the means of access used for financial transactions, such as the instant crime, is highly likely to be used for a systematic and intelligent crime, such as Bosing. In fact, in light of the circumstances where the means of access leased by the Defendant was used for Bosing, and the victim was incurred, the liability for such crime is not less complicated.

However, in the process of receiving a loan due to economic lack, the defendant committed a crime by deceiving the singing criminal organization, which eventually does not obtain any economic benefits, and considering the circumstances, such as the initial crime and the reflectivity, part of the fines for the summary order.