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(영문) 춘천지방법원 원주지원 2020.04.09 2019고단1482
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

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, the Defendant, on September 27, 2019, issued a proposal to the effect that “on the first floor of Cacademic branch in C&S, if you send the C&S, you will get loans by accumulating the transaction performance by repeating the entry fee,” and sent one e-mail card connected to the D.C. account in the name of the Defendant through Kwikset service articles.

Accordingly, the Defendant promised to obtain intangible expected profits that can be given future loans through the details of transactions of deposit and withdrawal in return for the lending of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Response to financial transaction information;

1. Application of Acts and subordinate statutes, such as the details of closure by Kakao Stockholm;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order (limited to reasonable circumstances) expectations that a defendant may receive a loan and transfers the means of access. There are circumstances to take special account of the criminal intent or motive for the crime.

The defendant did not take any advantage of the crime of this case.

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

[M] The lending of a means of access is an act that facilitates various crimes, such as tax evasion, Internet gambling, scaming, etc., and such social harm is not easy to commit such a crime.

The means of access leased by the Defendant was used for the crime of Bosing.

The above circumstances are the defendant's age, character, conduct, family relationship, environment, etc.

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