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(영문) 춘천지방법원 강릉지원 2019.05.16 2019고단315
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 borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around October 10, 2018, the Defendant: (a) heard the horses that “around October 10, 2018, the Defendant: (b) sent Hanman Card that should create a transaction performance for lending; (c) will return Hanman Card three days after sending Manman Card; and (d) delivered Manman Card and password, which are linked to the D account in the name of the Defendant in the name of the Defendant, at the C Office located in Gangnam-si, Gangnam-si; and (c) delivered the paper to the Nonindicted Party via Hank-si’s name via Hank-si.

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. The police statement concerning F;

1. Details of transfer;

1. Response to a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes on investigation reports (verification of Suspect A's Statements) and account details;

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 fact that the defendant acknowledges and reflects the crime, there is no record of punishment for the same kind of crime, and the account linked to the means of access lent by the defendant is suspended and the amount of damage to the victim of the Bosing crime.

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