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(영문) 전주지방법원 2019.07.18 2018고단1817
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

On June 2, 2015, the Defendant: (a) proposed on June 2, 2015, to the effect that “the Defendant would create and obtain a loan from an account holder in the name of the Defendant; (b) the physical card and password, which is an electronic financial transaction means connected to the agricultural bank account A in the name of the Defendant, was sent to the name-oriented person via Kwikset service.”

Accordingly, the Defendant knowingly lent one means of access to a crime to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning details of transactions;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, 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 transfer and lending of the means of access for electronic financial transactions may be used as a means of other crimes and thus requires social strict measures, and in this case, the fact that the means of access lent by the accused has been abused for singing crimes and is against the accused, and that there is no record of criminal punishment.

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