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(영문) 대전지방법원 서산지원 2019.11.27 2019고단605
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on April 2019, the Defendant: (a) borrowed 30 million won at low interest by telephone from a nameless person who assumes the “B Bank C director”; (b) borrowed 30 million won from the nameless person who assumes the “B Bank C director”; (c) sent Hab Card to the Defendant; (d) on April 22, 2019, on April 16:15, 2019, the Defendant heard the horses that “The results of the transaction should be created; and (d) sent 1 check card connected to the bank account in the name of the Defendant at the Seomun-dong, Seomun-dong, Seomun-dong, Busan (E) post office located in Seosan-si, Seomun-dong, Seomun-gu, Seoul (E); and (c) lent the means of access by informing the

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on deposit receipts and financial correspondence data;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.

The card lent by the defendant was used for the actual fraud crime.

The favorable circumstances: The defendant seems to have no benefit from the crime of this case.

The defendant has no criminal records of the same kind.

Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.

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