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(영문) 춘천지방법원 강릉지원 2019.08.22 2019고단813
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on December 19, 2018, the Defendant: (a) heard that the Defendant was working in B Bank on B Bank; (b) stated that “I would be allowed to obtain a loan” through the Defendant’s mobile phone D mphs and telephone conversations; (c) I want to obtain a loan; (d) he/she returned the C Card to 2-3-day transaction performance; and (e) sent the C Card connected to the G Bank Account (H) account in the name of the Defendant on the street of the F University located in Gangnam-si, Gangnam-si, 2018, through Kwikset-si’s Kwikset service.

As a result, the defendant promised to pay credit rating through false deposit collection transactions in return for intangible expectation interest to receive future loans, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Inquiry into the details of deposits transactions;

1. A copy of a bankbook and a copy of a detailed list;

1. A copy of the response letter;

1. Application of Acts and subordinate statutes on the D screen pictures;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the defendant acknowledges and reflects the crime.

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