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(영문) 수원지방법원 여주지원 2019.01.23 2018고단962
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend the means of electronic financial transactions in return for promising to receive compensation.

Nevertheless, on July 30, 2018, the Defendant: (a) received a proposal from a person under whose name the head of the financial transaction company B, bitcoin, who misrepresented the head of the team; and (b) received the proposal from a person under whose name he/she borrowed the head of the Tong at a fee rate of KRW 3 million per account; and (c) subsequently, around July 30, 2018, the Defendant provided a means of access by promising to deliver a check card connected to the D Bank E account under the Defendant’s name from Gwangju City, which is the Defendant’s workplace, to a person under whose name he/she used Kwikset Services, and notify him/her of the password and to receive

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on internal investigation;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the defendant was used for the crime of fraud, causing damage.

The defendant has lent the means of access and has not received any price promised.

The defendant's mistake is against the defendant.

The Defendant is an initial offender who has no criminal record.

The defendant's age, character and conduct, family relations, etc. shall be determined as per the disposition in consideration of all the circumstances.

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