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(영문) 수원지방법원 안양지원 2020.03.27 2019고단2187
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 person shall borrow or lend a means of access used in an electronic financial transaction while receiving, demanding or promising any compensation therefor.

Nevertheless, on July 2019, the Defendant, from a person who assumes the person who assumes the person as a policeman, promised to provide a loan to a person who assumes the person as a passenger, to receive a loan to register the automatic transfer account on the e-mail card, and then send the e-mail card as the borrower may automatically leave the e-mail.” On July 4, 2019, the Defendant: (a) sent the e-mail card to a female who is unable to know the name of the person who assumes the loan operator in the e-mail-si B; and (b) lent the means of access to the financial institution in return for the intangible expected interest to receive the future loan by providing one copy of the e-mail card linked to the d bank account (E) opened in the name of the Defendant to a female who is unable to know the

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of transfer certificate, search, seizure inspection warrant and reply statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] was determined by a fine of KRW 50,000 to KRW 20,000 (Non-applicable of the sentencing criteria], and the sentencing criteria not applicable [decision of sentencing] [decision of sentencing] a fine of KRW 3,00,000 below, and all the conditions of sentencing indicated in the circumstances and records are determined as ordered

The act of lending a means of access to another person, such as the instant crime, is highly likely to be used as a means of other crimes, and thus there is a high risk of using the means of access as a means of other crimes: The defendant is against his/her will; the defendant is committed against his/her will; the defendant is committed against his/her will, and there is no profit that he/she has actually acquired because he/she had committed a crime

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