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(영문) 의정부지방법원 2020.05.13 2019고단5887

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 promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, around August 23, 2018, the Defendant borrowed a total of 2,400,000 won per card (80,000 won per day if he/she borrowed 30,000,000 won from a non-scam who uses the name of "C" in his/her dwelling place located in Ma Government-si B, and from a non-scam who uses the name of "C" for the reduction or exemption of liquor tax, after having contacted the above non-scam and consented to contact with the above non-scam, and then lending each of them by promising the payment by delivering the cam card connected to the new bank account (D) in the name of the Defendant and the cam card connected to the Defendant's name (E).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on internal investigation (report on confirmation of account immediately after connection);

1. Application of Acts and subordinate statutes on investigation reports (Attachment of Suspect A-Submission Kakao Stockholm dialogue content);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment: Selection of a fine;

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

1. Circumstances unfavorable to the sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The means of access leased by the Defendant was used for telephone financing fraud, causing damage.

O favorable circumstances: The defendant is divided in depth into his mistake, and the defendant also seems to have committed the crime of this case because he belongs to the telephone finance fraud crime organization, and the defendant seems to have failed to obtain any benefit from the crime of this case, and there is no particular criminal power in addition to twice a fine.

O Such terms and conditions as above, favorable.