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(영문) 대전지방법원 천안지원 2019.05.30 2019고단447
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend a means of access in electronic financial transactions with the receipt, request or promise of any compensation.

On January 2, 2019, the Defendant: (a) received a proposal from the head of the Tong scaming organization that assumes the staff of a liquor company through B Mescam, “it is necessary to receive the money from our liquor company; (b) would pay KRW 2.4 million per account if he/she lends Mescamscamscamscamscamscamscamscamscamscamscamscamscamsscamscamscamscamscamscamscamscamscamscamscamscamscamscams

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Personal information of account holders and details of transactions, etc. acquired with a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes for investigation reports (Attachment to details of account transactions A and F account holders);

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) recognition of and reflects the Defendant’s mistake; (b) the primary offender is not infeasible disorder in detailed uncertainty; and (c) the act of lending the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions but also facilitates other crimes; (b) the means of access actually provided by the Defendant was used for crime; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (d) circumstances after the crime was committed; and (e) various sentencing conditions

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