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(영문) 광주지방법원 순천지원 2019.10.29 2019고단2008
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

No one shall, in using and managing a means of access, perform any act of providing, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on April 22, 2019, the Defendant heard the horses that “I would give a loan at a low interest rate if you send a e-mail card” by telephone from a person who was killed in the name of the police officer (title B) and sent one cash card, which is the means of access in the name of the Defendant, to the bank account (D) in the name of the Defendant, at the e-mail-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 714 and

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on detailed statements of account transfer transactions and response to details of financial account transactions;

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

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.

However, in full view of various circumstances, such as the Defendant’s recognition of all the crimes of this case and reflects the Defendant’s mistake in depth, the Defendant appears to have never earned any profit from the crime of this case, the primary offender, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the arguments of this case, the punishment as ordered shall be determined.

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