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(영문) 춘천지방법원 강릉지원 2019.09.10 2019고단907
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 10:00 on April 1, 2019, the Defendant, at the convenience store located in Gangnam-si B, extended a loan to the least amount of KRW 30 million to a person who is named as an employee of the lending company. The principal and interest shall be directly withdrawn by us, and the principal and interest shall send a e-mail card in order to obtain a loan.” The Defendant shall hear the horses, sent a e-mail card connected to the d bank account under the name of us, and sent a e-mail card to the designated place by the bearer of the name and notified the password by telephone.

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. A written statement;

1. Certificates of remittance or response to financial data;

1. Application of Acts and subordinate statutes to a investigative report (verification of the method of informing the account number and password used for committing a crime);

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, there is no record of punishment prior to the instant case, that the Defendant recognized the crime, that the account linked to the means of access leased by the Defendant was suspended, and that the victims did not withdraw the remitted money even if the account was suspended.

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