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(영문) 청주지방법원 2019.07.10 2019고단1015

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 to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, at around 12:00 on October 1, 2018, the Defendant, in front of Seo-gu, Seo-gu, Seo-gu, Seo-gu, B apartment C, called, “The Defendant would make the e-mail card available for a loan after drawing up credit points by raising the transaction performance at the face of the e-mail,” and put the e-mail card connected to the F Bank Account (G) and H Association Account in front of the Cheong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheong-gu, the Defendant sent the e-mail card to the Kwikset Service Articles in which the e-mail was connected with the F Bank Account (G).

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of statutes on notification of the fact of suspension of payment, written confirmation of transfer transactions, and D dialogue details;

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. A fine of KRW 50,000 to KRW 20,000,00 for a penalty of KRW 50,000; or

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 actually used for the crime: the Defendant appears to be against the instant case; the Defendant’s age, character and conduct, environment, motive for the crime, means, results, etc. shall be determined as per the disposition in full consideration