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(영문) 전주지방법원 2019.05.08 2018고단2431
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, on September 12, 2018, the Defendant received the word “to pay 3 million won to the user fee on the face-to-face loan of the e-mail card” from the person who was not the deceased’s name, and promised to receive 3 million won on the condition of lending the e-mail card, and leased the means of access by means of sending the e-mail card connected to the e-mail bank account under the name of the Defendant at the e-mail-gu building B and the defendant’s office located in the same day prior to the same day, using Kwikset-gu building and the e-mail to notify the password to F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to suspect G, each police suspect interrogation protocol of G, and body card photographing photographs (Evidence List 54 pages) among the copies of the records of the case of suspect G or liquid wood;

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 under Article 334(1) of the Criminal Procedure Act is that the crime of transferring the means of access under the Electronic Financial Transactions Act is a means of another crime such as scam, etc. is disadvantageous.

However, considering favorable circumstances, such as the fact that the means of access transferred by the defendant was not used for the actual crime, the actual benefit was not available for the crime of this case, the fact that there was no record of criminal punishment, the recognition of his/her own crime and the fact that he/she is divided, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character, conduct and environment.

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