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(영문) 수원지방법원 여주지원 2019.02.13 2018고단932
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall lend a means of access, promising any consideration.

Nevertheless, on March 13, 2018, the Defendant received a text message stating, “If he lends a e-mail card to be used for tax saving from B, he will pay KRW 3 million per card” from the person who has not been named, the Defendant sent the account number of the Defendant’s account C (Account Number: D) and the account number in the name of the Defendant’s E (Account Number:F) and the e-mail number connected to each account. On March 14, 2018, the Defendant promised to lend the means of access to the e-mail by sending the e-mail card to the above account and the above account and the e-mail number connected to each account.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Transfer receipt;

1. Account transactions, etc.;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order was that the means of access leased by the Defendant was used for the actual fraud, resulting in damage. However, prior to the withdrawal, the transaction with the Defendant’s account was suspended and the damage was recovered.

The Defendant did not actually acquire any compensation for lending the means of access.

The defendant's mistake is against the defendant.

The defendant is an initial criminal who has no record of criminal punishment.

Other circumstances, such as the age, character and conduct, environment, etc. of the defendant, shall be determined as per the order.

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