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(영문) 수원지방법원여주지원 2020.08.18 2019고단1333
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 may lend a means of access, promising any compensation.

Nevertheless, the Defendant sent a Kakaox with the name influenction “on the face of sending the Kakao card capable of withdrawing interest, would return the loan with the payment of the loan.” On September 24, 2019, the Defendant sent the Kakaox to the address where the name influction was instructed by the name influsium C, which was linked to the NA bank account (E) in the name in the name of the Defendant, and notified the password to the Kakaox.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made to F and the application of Acts and subordinate statutes on financial transactions in Korea;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s means of access is used for the criminal act of licensing, the harm of the criminal act of licensing, etc. shall be considered under favorable circumstances, such as: (a) the scam and reflects; (b) there is no benefit obtained by the Defendant; and (c) the initial offender.

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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