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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단875
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

Around June 24, 2019, the Defendant heard the proposal to the effect that “B” from a person who misrepresented “B” to “B, may obtain the principal and interest of a loan, send a physical card necessary to receive the principal and interest, and request the identification number to be known.” On June 25, 2019, the Defendant accepted it and sent the physical card linked to the accounts of community credit cooperatives (E) established in the name of the Defendant in the original city, to the address of the deceased and then sent the personal identification number of the said account to the deceased and the name of the deceased around that time.”

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on account information;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is easy to commit various crimes, such as tax evasion and phishing, etc., and the social harm of the means of access is serious and the relevant crime is not easy.

The means of access leased by the Defendant was used for the crime of Bosing.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant expected an intangible profit that he/she can receive a loan and transferred the means of access. There is a reason to take special account into account the crime itself or the motive.

The defendant did not acquire any substantial benefit from the crime of this case.

The defendant is an initial offender who has no record of criminal punishment.

As above, this case’s circumstances, such as Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime.

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