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(영문) 서울북부지방법원 2019.02.14 2018고단4606
전자금융거래법위반
Text

The sentence against the accused shall be 2,500,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall commit any act of lending while promising to receive or demand compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around July 8, 2018, the Defendant: (a) informed the Defendant’s name from a person whose name is unknown to him/her, “I would give a loan under six-month repayment terms if he/she sent the e-mail card to the account to pay interest; and (b) delivered the e-mail card, which is a means of access connected with the Defendant’s father C’s father’s bank account (E) before the Defendant’s home located in Dobong-gu Seoul Metropolitan Government, to a person whose name is unknown through Kwikset Service.

As a result, the Defendant promised to receive future loans in return for the intangible expected interest, and lent the means of access to a person whose name is not known.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Details of remittance of the amount of damage, and application of the statutes governing G dialogues;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is not only to undermine the safety and trust of financial transactions, but also to abuse the borrowed bank account as a means of other crimes.

The bank account lent by the Defendant was actually used for the singishing crime.

On the other hand, the defendant recognized the crime of this case and is against it, and there is no record of criminal punishment so far.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

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