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(영문) 춘천지방법원 원주지원 2020.02.06 2019고단1381

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

On July 4, 2019, around 18:00, the Defendant: (a) received a proposal from an unqualified person to the effect that “on the face of sending the check to enable the withdrawal of interest, would allow the lending of interest; and (b) sent one check connected to the bank account (E) in the name of the Defendant through Kwikset service.”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure warrant and reply;

1. Application of Acts and subordinate statutes on trading lists;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and that is not against the social harm.

The means of access leased by the Defendant was used for the crime of Bosing.

The favorable circumstances; the defendant expects an intangible benefit that he/she may receive a loan and transfers the means of access. There are circumstances to consider in particular the motive for the crime.

The defendant did not take any advantage of the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as