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(영문) 청주지방법원 2019.07.24 2019고단1172

전자금융거래법위반

Text

Defendant shall be punished by a fine of two 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 such means of access, unless otherwise expressly provided for in other Acts.

Nevertheless, on December 12, 2018, the Defendant heard that “When sending a e-mail card to allow the withdrawal of interest and principal of loans, the Defendant would have to lend KRW 3 million at an interest rate of 5% per month.” On December 14, 2018, the Defendant opened a B bank account in the name of the Defendant (C) in the name of the Defendant. On the same day, on the same day, the Defendant sent the e-mail card, which is a means of access connected to the said B Bank account from the e-mail located in the petition-gu, the Defendant sent the e-mail card to the e-mail and then notified the password by telephone.

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. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 of the provisional payment order;

1. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and

2. In extenuating circumstances where a fine of 2 million won is imposed: The means of access, as in the instant case, leased is likely to be abused for crimes, such as singing, etc., which would cause severe social harm; circumstances in which the means of access leased by the Defendant is actually used in actual crimes: the Defendant appears to be against the instant case; and the primary offender is determined as per Disposition by comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means, results, etc.