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(영문) 대전지방법원 서산지원 2019.05.09 2019고단78
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.

Nevertheless, on September 2018, the Defendant sent a physical card as it is possible to borrow KRW 15 million from a person who assumes a false name as a loaner from a person who assumes a false name.

If you send the eck card, you will use the loan interest and the principal to pay.

“In response to the proposal,” the same month.

5. At around 17:30, 17:30, at C 2nd C C, the defendant sent two physical personal card of the E Bank in the name of the defendant to the person in distress of his name through Kwikset service article, and the method of access was given by notifying the person in distress of his name with a password and promising to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written petition;

1. Details of remittance of the amount damaged;

1. E bank replies;

1. Application of Acts and subordinate statutes on dialogues with the accused;

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 Concurrent Crimes;

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 to another person the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it can be used as the tools of other crimes, such as Bosing, etc. In fact, the Defendant’s liability for the crime is not weak in that the means of access leased by the Defendant was used in the crime of Bosing fraud.

However, there is no other criminal record except when the defendant has been sentenced to a fine of a small amount of a crime of another type in 2001, and there is no other criminal record. The defendant's age, character, character, environment, circumstances, means and results of the crime, after the crime.

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