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(영문) 춘천지방법원 영월지원 2019.07.26 2019고단213
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 a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with any receipt, request or promise of compensation.

Nevertheless, on May 23, 2018, the Defendant received text messages from a person who was unable to know his/her name (one name B) at a place where his/her place is unknown, and responded to the proposal that the Defendant would pay KRW 3 million per opening if he/she extended the limit of withdrawal of cash to KRW 6 million after lending the check.

Accordingly, around May 25, 2018, the Defendant sent one physical card connected to the account (E) in the name of the Defendant to a non-taxing engineer at the National Bank in the name of the Defendant before Gangwon-si, Gangwon-do on May 25, 2018, and leased the means of access, promising to make a payment by telephone known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the details of transactions, details of account transactions, details of H dialogue with G, and the Acts and subordinate statutes on closure photographs for H;

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 of the provisional payment order;

1. Imposition of a fine of KRW 50,000 to KRW 20 million within the scope of the applicable sentences;

2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant leased the check card connected to his bank account in his name to a person whose name could not be known.

This is not only likely to disturb the financial order in itself, but also social harm is very high, such as facilitating the crime of Bosing using the account.

Furthermore, the defendant is sentenced to imprisonment with prison labor on November 30, 2017.

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