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(영문) 춘천지방법원 강릉지원 2019.05.16 2019고단319
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 11:44 on November 8, 2018, the Defendant: “Around 11:44, the Defendant lent personal money to a person with no name; KRW 1.20,000,000 per month for lending KRW 4 million; and when sending an account and check card, us will recover the principal and interest from the account.” On November 12, 2018, the Defendant listened to the word, and sent one physical card connected to the account in the name of the Defendant to Kwikset service article sent by the person with no name in front of the B apartment in the East Sea, B apartment at around 20:0 on November 12, 2018; and the password was notified by telephone to the person with no name in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Details of transactions;

1. Application of Acts and subordinate statutes on text and F dialogues;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized and reflected the crime, the first offender who had no record of punishment prior to the instant case, and the account linked to the means of access leased by the defendant has been suspended, and the victim of the Bosing crime.

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