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(영문) 수원지방법원 여주지원 2019.02.12 2018고단1046
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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

Except as otherwise provided for in any other Act, no one shall lend any means of access used in electronic financial transactions while receiving, demanding or promising any consideration.

Nevertheless, on September 4, 2018, the Defendant received text messages to provide money if he/she lends the e-mail card, and sent B message to contact address as indicated in the above text messages, and consented to the proposal that “if he/she lends the e-mail card for seven days, he/she will pay rent of three million won.” On September 5, 2018, the Defendant promised to provide the means of access to financial institutions by delivering the e-bank account in the name of his/her father E through a man in non-name to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. H’s petition;

1. B dialogueic photo;

1. A remitter of the remittance results;

1. Application of Acts and subordinate statutes on the statement of H;

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. As for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the means of access provided by the defendant was used for the crime of Bosing shall be considered disadvantageously, but the fact that it is human and reflects, and that it was recovered by paying all the victims of the above Bosing crimes, etc. shall be considered as favorable circumstances.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, are considered as ordered.

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