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(영문) 전주지방법원 2019.07.17 2019고단108
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around November 13, 2018, the Defendant received a call from a person who was not the deceased’s name to the effect that “to pay KRW 900,000 to the face-to-face rental fee,” and promised to receive KRW 900,000 on the condition that he/she lent the physical card, and then lent the means of access by sending the physical card connected to the account in the name of the Defendant in the name of the Defendant before the “C Bank” located in the name of the Defendant in the name of the Defendant in the name of the Defendant, and the physical card connected to the account in the name of the Defendant, using Kwikset Services.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A statement of H (5-9 pages of evidence No. 2019 type 2826);

1. Details of the request for a warrant of seizure, color verification (applicable to financial accounts) and reply;

1. Application of Acts and subordinate statutes to a written confirmation of the results of electronic financial transfer and written provision of financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only detrimental to the security and reliability of financial transactions, but also to the means of other crimes. The fact that the means of access leased by the Defendant is actually used for the commission of singinging fraud is unfavorable.

However, the fact that the defendant has violated the defendant's mistake, and that the defendant has repaid the total amount of damage to all two victims of the Bosing fraud using the means of access, and that there is no previous conviction in the same kind, etc., shall be considered as favorable circumstances, and the sentencing conditions, such as the defendant's age, character and behavior, are imposed.

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