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(영문) 수원지방법원 안양지원 2019.06.25 2019고단753
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 lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, the Defendant: (a) received a proposal from a name-free person to confirm whether to deposit and withdraw, and (b) borrowed KRW 10 million on the day to a low interest rate of 6%; (c) subsequently, around March 22, 2019, sent a letter of access to a financial institution by sending a copy of the check to a name-free holder of the Defendant’s name-free bank account in the name of the Defendant to the name-free holder of the instant bank account in the name of the Defendant (E) and lent the means of access to the financial institution.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. A copy of the G statement;

1. Application of the details of response from the D Bank (suspect A financial information, etc.) statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.

On the other hand, the defendant recognized a mistake and reflects it, and there is no record of punishment exceeding the same kind of criminal record or fine.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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