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(영문) 대전지방법원 서산지원 2019.08.14 2019고단446
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On December 24, 2018, the Defendant received a proposal to the effect that “a loan may be made on the condition of 5% on the monthly basis. If the Defendant sent a e-mail card to the law, he will receive the principal and interest if he receives the e-mail card.” On the same day, the Defendant sent the e-mail card connected to the D Association (E) account in the name of the Defendant at the office C office in Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and then sent the e-mail card to the e-mail box.”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Application of Acts and subordinate statutes, such as inquiry on the results of transfer, response to financial transaction information, and door-to-door entrustment certificate;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of electronic financial transactions requires strict punishment because it could be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; circumstances in which the card lent by the defendant was used for actual fraud: The fact that the defendant seems to have no profit from the crime of this case; the fact that the defendant has no profit from the crime of this case; and other circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as per the order, taking into account all the circumstances.

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