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(영문) 청주지방법원 충주지원 2020.07.22 2019고정374
전자금융거래법위반
Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Criminal facts

No person shall lend any means of access used for electronic financial transactions while receiving, requesting or promising the payment.

Nevertheless, around October 12, 2019, the Defendant received a proposal from a person who was not the deceased, and consented to the offer to the effect that “the Defendant will grant a loan when sending a physical card.” On October 12, 2019, the Defendant sent to Kwikset service article, who sent one physical card connected to the bank account (D) in the name of the Defendant prior to the training-dong branch in Chungcheong City B and C Bank, around 19:00, around October 14, 2019.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Warrant reply data (the defendant asserts that he was unaware of whether his act constitutes a crime. Generally, the legal site does not interfere with the establishment of a crime, and thus does not accept the defendant's assertion.).

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 act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since it is often used as a means of other crime, such as singing, etc. In addition, the deposit account connected to the means of access provided by the Defendant was actually used for singing and causing damage.

Although the defendant was ordered to suspend indictment for the same crime, he also committed an act of entering the facts constituting a crime in the judgment.

The defendant acknowledges his mistake in this court.

The Defendant deposited money into a deposit account connected to the means of access provided by the Defendant, and paid KRW 2 million to the person who suffered from the singishing damage, and agreed with the person.

The ages and crimes of defendants.

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