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(영문) 광주지방법원 순천지원 2019.05.23 2019고단346
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 person may lend any means of access necessary for electronic financial transactions in return for the promise thereof.

Nevertheless, around December 17, 2018, the Defendant received a proposal from a person who has no personal name in the name of the Defendant to use the check card for six days and to pay seven million won as a fee if he/she sent it. In response, the Defendant violated the Electronic Financial Transactions Act by lending it to the person who has no personal name by means of sending the check card related to the Defendant’s bank account (Account Number E) at the convenience store near the net B apartment in the B apartment on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the statutes on account details under the name of suspect A;

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 of the provisional payment order can be used as a means of means of access for electronic financial transactions, and in this case, the means of access leased by the defendant was used for the crime of Bosing.

However, the defendant acknowledges his mistake and does not repeat again.

There is no criminal history.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and various circumstances revealed in the trial process shall be determined as per the order.

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