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(영문) 전주지방법원 2019.09.26 2019고단1244
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall conduct any act of providing, demanding or promising compensation, except as otherwise expressly provided for in other Acts.

Nevertheless, the Defendant, on April 2019, listened to the statement that “a loan is to be made. When setting a Maspbook, the transaction performance should be accumulated, and in order to do so, the Maspbook is required.” The same year.

5. 초순경 전주시 완산구 B 앞에서 피고인 명의 신협은행 계좌(계좌번호: C)와 연결된 체크카드 1장을 성명불상자가 보낸 퀵서비스 기사에게 건넸다.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of a written request (A) statute;

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

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The transfer and lending of the means of access for electronic financial transactions may be used as a means of other crimes, which requires social strict measures, and in this case, the fact that the means of access lent by the accused has been abused for scaming crimes, is the first offense, the first offense, and the economic situation seems to be difficult.

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