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(영문) 대전지방법원 천안지원 2019.10.30 2019고단2241
전자금융거래법위반
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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 the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or keep, deliver or distribute the means of access.

On July 11, 2019, the Defendant sent the e-mail card connected to the bank account (E) in the name of the Defendant to the non-consigner using Kwikset-si, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, to the name-consigner of the name-consigner of the Defendant’s name on the front side of the Seo-gu, Seo-gu, Seo-gu., “The e-mail card will be deposited and withdrawn through the e-mail card, and the lending will be possible by raising credit rating through the process.”

Accordingly, the defendant promised to receive intangible expectation interest that he/she can receive future loans through the details of deposit and withdrawal transactions, thereby lending the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on internal investigation (the details of currencies and deposits, Internet address, photographing pictures, etc.);

1. Written confirmation of the electronic transfer result;

1. Response (Details of Financial Transactions, etc.) - Application of A 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 sentencing ground of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order requires consideration of the following: (a) the occurrence of fraudulent damage by using the means of access leased by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; and (d) the accused is against himself/herself; and (c) the accused

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