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제주지방법원 2019.05.15 2018고단2172
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any means of electronic financial transactions issued by a financial institution in return for the receipt, request or promise of the consideration.

Nevertheless, at around 16:15 on April 27, 2018, the Defendant was promised to provide a loan by telephone from an unqualified person with a name card, “for six months if he/she has sent a e-mail card, he/she will create and lend a transaction performance for six months.” On May 2, 2018, the Defendant sent a e-mail card connected with the Defendant’s name bank account (E) at the C office located in Jeju-si, Jeju-si around 11:00 on May 2, 2018, and sent the above e-mail card to the person who has not been registered, and notified the above e-mail of the password.

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. G statements;

1. Application of Acts and subordinate statutes on details of deposit transactions;

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. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the second damage has occurred due to the Defendant’s criminal act on the ground of sentencing, while the Defendant is the primary offender and reflects, and the Defendant’s age, character and conduct, family relation, environment, circumstances surrounding and result of the crime, and other circumstances revealed in the pleadings of the instant case, including the circumstances after the crime, shall be determined as ordered by a comprehensive consideration.

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