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(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3634

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around October 21, 2019, the Defendant listened to the expression that he would offer a loan if he send the eck-line card so that he can pay interest from the person who is not related to the name of B. On October 21, 2019. On October 22, 2019, the Defendant issued the eck-line card, which is a means of access connected to the Dok-gu's account (E) in the name of the Defendant, to the person who is not related to the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Receipts:

1. Application of the Kakao Stockholm text messages 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. The crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment in that such act can be used for a very large amount of social harm, such as scams, illegal gambling sites, loan fraud, etc.

In this case, the means of access leased by the defendant was actually used for the crime of lending fraud.

However, the Defendant recognized the instant crime and opposed to his mistake.

The amount of loan fraud damage deposited in the defendant's account seems to have been refunded to the victim.

The defendant seems to have no substantial profit from the crime of this case.

It is the first crime.

The details of the instant crime, the number of means of access leased, the age, character and conduct of the Defendant.