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(영문) 수원지방법원 여주지원 2019.09.17 2019고단798
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person may lend a means of access, promising any compensation.

Nevertheless, around April 4, 2019, the Defendant received the proposal that “When sending a e-mail card from which the principal and interest of the loan that can be repaid by the party, the Defendant would have harmed the loan, and return the e-mail card if all the loans are repaid.” On the same day, around 18:10 on the same day, the Defendant issued one e-mail card connected to the Dokset Service’s account (E) under the name of the Defendant to the bearer and notified the password B.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes concerning details of transactions;

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

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the Defendant’s use of the means of access for the crime of Bosing, taking into account the favorable circumstances, such as the following: (a) the time and reflects; (b) the actual damage was not caused by the crime of Bosing; and (c) the absence of the same criminal power

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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