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(영문) 수원지방법원 여주지원 2019.08.20 2019고단609
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, on February 15, 2019, the Defendant borrowed the means of access with the word “(800,000 won per day on the face of the week from lending the e-mail card)” written at the office of the C company located in the name of the Defendant (Account Number: E) of the C company located in Innju City, the Defendant promised to provide the e-mail card to a person who has no name and to notify the password.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s authenticity and written statements to the Acts and subordinate statutes;

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

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the following circumstances: (a) the means of access of the accused for sentencing under Article 62(1) of the Criminal Act is used for the licensing; (b) the harmful effects of the licensing shall be given to the disadvantage of the accused; and (c) there shall be no benefit obtained by the accused; and (d

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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