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(영문) 수원지방법원 여주지원 2019.06.04 2019고단396

전자금융거래법위반

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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising the payment.

Nevertheless, around January 14, 2019, the Defendant listened to the statement that “to obtain a loan, the Defendant shall accumulate the transaction performance from a person who misrepresented to a financial company. To obtain a loan, 5 million won will be loaned by accumulating the transaction performance by accumulating the physical card,” and then around February 15, 2019, the Defendant sent a copy of the physical card connected to the Defendant’s bank account in the name of the Defendant on the front side of Echeon-si (D) around February 15, 2019 to the Kwikset service engineer.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of deposit;

1. Application of Acts and subordinate statutes on statement to E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. The Defendant’s means of access, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has been used for the criminal act of licensing, considering the circumstances unfavorable to him/her. However, considering favorable circumstances, such as the fact that the Defendant’s damage was entirely recovered, the victim’s damage was entirely recovered, and the first offender was considered.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.