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(영문) 광주지방법원 순천지원 2019.11.26 2019고단2199
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, in using and managing a means of access, perform any act of providing, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on June 12, 2019, the Defendant listened to the statement that “I would give a loan if I send a physical card necessary for the payment of principal and interest,” by telephone from a person who assumes a false name who assumes the team leader B of the Personal Monthly Office B, and around that time, I then deliver to Kwikset service article a physical card, which is the means of access in the name of the Defendant in the name of the Defendant at the residence of Skwih-si.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to a warrant of search, seizure and verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.

However, in full view of various circumstances, such as the defendant's recognition of all the crimes of this case and reflects his mistake in depth, the fact that the defendant seems to have no profit from the crime of this case, the fact that the defendant has no same record, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined as well.

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