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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단908
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

On July 9, 2019, the Defendant heard a proposal to the effect that “A lending may be made,” from a person under whose name the Defendant misrepresented “C”, “B Bank will have to obtain credit rating by creating a financial transaction performance and to change the body card and password of the account in the name of NF,” and accepted it on July 11, 2019, and then, on July 20, 2019, the Defendant sent to the Kwikset service engineer, who was the Defendant’s home located in D, the nameless winners of the instant account in connection with the FF bank account (G) opened in the name of the Defendant. At that time, the Defendant sent one check to the Kwikset service engineer, who was the Defendant’s home located in R, sent the password of the said account to the person under whose name the personal identification was known, promising him to receive any intangible expected interest that could receive the future loan, and lent the means of access to the named party.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Response to a request for financial transaction information;

1. - Application of Acts and subordinate statutes on details of transfers

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion and phishing, etc., and the social harm of the means of access is serious and the relevant crime is not easy.

The means of access leased by the Defendant was used for the crime of Bosing.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.

The defendant did not acquire any substantial benefit from the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

As above, the defendant's unexpected circumstances are the same.

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