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(영문) 수원지방법원 평택지원 2019.01.11 2018고단1236
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall receive and lend any means of access used in electronic financing to any other person.

Nevertheless, the Defendant, at the end of October 2017, called “4 million won if he/she lends a cash card for 10 days,” and lent a copy of the cash card under the name of the Defendant to a person under whose name the Defendant was named, using his/her home at the entrance of the C in Ansan-si B around 16:00 on October 30, 2017.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on trading lists;

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. In light of the fact that the crime of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act serves as a means to facilitate other crimes, and that the means of access provided by the accused has been actually used for the crime, the Defendant’s liability is not less than that of the crime, but is less than that of the Defendant, the Defendant’s mistake is recognized, without the same criminal records, the Defendant’s age, character and conduct, environment, circumstances leading to the crime, etc. shall be determined as per Disposition by comprehensively taking into account the following factors:

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