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(영문) 수원지방법원 여주지원 2019.10.01 2019고단754
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

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

Nevertheless, around March 13, 2019, the Defendant: (a) received a proposal from a nameless person who assumes the name of “B agency,” stating, “In the event of sending a e-mail card from which the principal and interest of the loan that can be repaid by the party to the case, the Defendant would release the e-mail card; and (b) would return the e-mail card if all the loans are repaid; and (c) around March 14, 2019, around 16:34, 2019, the Defendant issued a e-mail card connected to the bank account (D) in the name of the Defendant to the e-mail; and (d) notified the password.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of Acts and subordinate statutes to the statement statement to F;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is the means of access to the crime of Bosing, the social harm, etc. of the crime of Bosing shall be considered in an unfavorable condition, and considering favorable circumstances, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act is used for the crime of Bosing, the motive and circumstance of the crime

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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