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(영문) 수원지방법원 2020.04.08 2020고단539
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, while promising to make any consideration, borrow or lend a means of access used in electronic financial transactions.

Nevertheless, on October 2018, the Defendant received a proposal that “a loan may be granted in an unlawful way” from a person who was named in the name of the deceased at a non-permanent place of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) in the middle of 2018, and “a loan will be granted every month if the Defendant sent a e-mail card connected to the new name passbook.” On October 21, 2019, the Defendant delivered a e-mail card connected to the name of the Defendant on the front of “C” in the name of the Defendant on the roads of “C” located in Pyeongtaek-si B (E).

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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 crime of transferring, lending or delivering a means of access under the Electronic Financial Transactions Act may be a means to facilitate other crimes against many and unspecified persons, such as scam, and thus, it is not good to form a crime. In fact, fraud was committed through the account provided as the instant crime.

- On August 7, 2009, the Defendant was charged with summary charges of violating the Electronic Financial Transactions Act, and again committed the instant crime, despite the fact that the Defendant had received a summary order of a fine of KRW 3 million from the Suwon District Court on August 7, 2009.

- The defendant is aware of the crime of this case and reflects it.

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