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(영문) 춘천지방법원 강릉지원 2019.08.22 2019고단818
전자금융거래법위반
Text

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

In using and managing a means of access, no one shall lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 19:00 on January 29, 2019, the Defendant: (a) heard the horses that “I would make a loan; (b) I would make a transaction record; (c) I would send a Hashe’s card to I would make a transaction record; and (d) sent a physical card connected to a new bank account (D) under the name of the Defendant; and (c) sent a statement to the male who sent the non-member of the name card, and notified the password by telephone.

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. E statements;

1. A certificate of transfer and a statement of transactions;

1. Response to financial data;

1. Application of Acts and subordinate statutes on dialogues;

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 recognized and reflected the crime, the first offender who had no record of punishment before the case, and the fact that the account of the defendant was suspended from payment and certain amount of damage was refunded to the victims is favorable.

In addition, the records and pleadings of this case, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.

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