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(영문) 대전지방법원 서산지원 2019.07.25 2019고단334
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

No one may lend a means of access while receiving, demanding or promising to receive any consideration in using or managing the means of access used in electronic financial transactions.

On November 17, 2017, the Defendant received a proposal to the effect that “a loan will be deposited in KRW 6,000,000,000,000,000,000,000,000,000 won by telephone from a person who assumes a false name as an employee of a lending company,” and accepted the proposal. On November 20, 2017, the Defendant sent one debit card connected to a new bank account (D) in the name of the Defendant at the C office located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

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. A petition prepared by E;

1. A specification of transactions;

1. Documents regarding seizure warrants and replies;

1. Application of statutes, such as an application for opening an account;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment because it is often used as a means of another serious crime. In fact, the means of access that the Defendant lent was used as a means of fraud, resulting in damage.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as ordered by considering the fact that the defendant's mistake is recognized and reflected, that there is no previous or recent criminal record, and that there is no other criminal record.

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