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(영문) 수원지방법원 여주지원 2019.08.27 2019고단398

전자금융거래법위반

Text

Defendant shall be punished by a fine of two 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 December 27, 2018, the Defendant, at the “CMoel” of Defendant’s service located in B at the time of innju, listened to the speech that “I would make a loan from a false name-free person who misrepresented the lending company with the name of the lending company by making the results of the transaction of deposits and withdrawals at the time of sending the check,” and accordingly, lent the check card in front of the above “CMoel” by delivering it to the sender who sent the above name-free person.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. The statement concerning F;

1. Application of Acts and subordinate statutes on account transactions;

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s means of access is used for the criminal act of licensing, the harm of the criminal act of licensing, etc. shall be considered as disadvantageous circumstances. However, considering favorable circumstances, such as the fact that the Defendant’s means of access is used for the criminal act of licensing, and the fact that the victim does not want the Defendant’s punishment by paying part of the amount to the victim of

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.