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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단3051
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 shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, at around 17:00 on September 4, 2018, the Defendant: (a) received a proposal stating, “C” in front of the store of daily living things, and (b) sent one physical card connected to the bank account under the name of the Defendant (E), which is the means of access, to the victim of the access.”

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Certificates of request for a remittance;

1. Application of search, seizure, verification 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 crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such means of access can be used for considerable social harm, such as singing, illegal gambling sites, lending fraud, etc.

In this case, the means of access leased by the defendant was actually used for loan fraud crime.

However, the Defendant recognized the instant crime and reflected his mistake.

The defendant seems to have no benefit from the crime of this case.

There are no criminal records of the same kind.

Other circumstances shown in the records and arguments of this case, such as the details of the crime of this case, the number of means of access leased, the age, character and conduct, living environment, and circumstances after the crime, shall be determined as ordered.

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