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(영문) 수원지방법원 안양지원 2019.05.09 2019고단227
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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On September 17, 2018, the Defendant promised that “a loan may be made. To send a e-mail card, the Defendant would back the e-mail card after making the transaction details with the e-mail card, and return the e-mail card.” On September 18, 2018, the Defendant sent two e-mail cards connected to the e-mail bank account (E) in front of the Defendant’s name and one e-mail card connected to the F bank account (G) in the name of the Defendant. On the same day, on September 18, 2018, the Defendant sent the e-mail card to the e-mail officer who sent two e-mail cards connected to the F Bank account (G). On the same day, the Defendant sent the password number of the e-mail card to H.

Accordingly, the defendant committed an act of lending a means of access, promising to receive an intangible expected profit for future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. An investigation report (a copy of the specification of transactions of physical card linked to the F Bank account in which a suspect has been dried to an unsatisfed person);

1. Application of documents confirming the results of electronic financial transfer, customer information inquiry table and Acts and subordinate statutes concerning the details of transactions of entry and departure;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is a crime detrimental to the safety and trust of financial transaction.

The leased cards, etc. can be abused as a means of other crimes, and the Defendant's lending cards have been actually used for fraud crimes.

A favorable normal condition: The defendant recognized a mistake and reflects it.

There is no record of criminal punishment.

The crime of this case is of interest.

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