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(영문) 수원지방법원 여주지원 2019.03.05 2019고단13
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

No person may lend a means of access, promising any compensation.

Nevertheless, on March 28, 2018, the Defendant: (a) received a proposal from Sknman B, stating that “I will have money to be received; (b) will have 300,000 won if I lend an account and e-mail card; and (c) around March 14, 2018, the Defendant loaned the means of access by means of delivering the above e-mail card and paper B to D, which was linked to the E-bank account in the name of the Defendant, on March 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint of G;

1. Details of deposit transactions;

1. The statement of G;

1. Application of Acts and subordinate statutes, such as account information;

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

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

1. The Defendant’s means of access, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has been used for licensing, etc. shall be considered disadvantageously.

However, considering favorable circumstances, such as the fact that it is true and contradictory to the situation, and that it seems that it is believed to have lent the means of access to which it was known.

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.

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