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(영문) 수원지방법원 여주지원 2019.10.14 2019고단750
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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, on January 1, 2019, issued a proposal to “B proxy” to “C from a nameless person who assumes the name “B”, and issued each paper, stating the following: “On January 8, 2019, the Defendant sent the C, by setting up the credit rating by setting up the details of the deposit and withdrawal transactions; and at around January 14:0, 2019, issued the C, via Kwikset service article, the paper, including one check connected to the G bank account in the F’s name (H); one physical card connected to the company bank account (H); and one password card connected to the company bank account (I) and one password, and a paper, with Kwikset service article.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expected profit to receive future loans by raising credit rating through the details of deposit and withdrawal transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement to J police officers;

1. Details of transfer;

1. Application of CIF and Detailed Statement of Transactions Acts and subordinate statutes;

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 an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even in 2017, the Defendant transferred a physical card, but was aware of the fact that there was a power of having been suspended from prosecution by an investigative agency, and thus, transferred the means of access to financial transactions again. The said means of access was used as a means of telephone financial fraud crime, causing damage, and the damage was not recovered. Therefore, the Defendant’s liability for the crime is not easy.

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

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