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(영문) 수원지방법원 여주지원 2020.05.11 2019고단1330

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend a means of access, promising any consideration.

Nevertheless, the Defendant, upon receiving a proposal from a person under whose name the name the Defendant sent one physical card connected to the D Bank account (E) in the Gyeonggi-si, Gyeonggi-do around 13:00 on August 14, 2019, issued to the male who sent one of the physical card to the person under whose name the name the Defendant sent and notified him of the password number.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Certificates of transfer transactions;

1. Details of seizure warrants and replies;

1. Application of the statutes on data submitted by suspects (Stockholm)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the Defendant was used in the telephone financial fraud crime, causing damage.

However, the defendant seems to have committed the crime of this case by deceiving the telephone finance fraud crime organization.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.