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(영문) 춘천지방법원 강릉지원 2020.01.16 2019고단1285
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 shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, on December 17, 2018, the Defendant received an advertisement text message to the effect that he/she would loan to a non-performing lender through a mobile phone and then registered B ASEAN, and on January 15, 2019, the Defendant sent the borrower a loan to the lender at the interest rate of 2% per month and 8 million won per month and then sent the loan to the lender at the loaner’s account: Provided, That the Defendant sent the e-mail card to the effect that he/she would loan the e-mail card at the face of the lending until he/she fully repaid the loan and then then sent the e-mail card to the lender through the loaner’s account (D) and then sent the e-mail card to the lender.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Data replies to each warrant of search, seizure, and verification;

1. Application of B Acts and subordinate statutes on dialogues

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of transferring the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the defendant.

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