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(영문) 광주지방법원 순천지원 2019.06.26 2019고단832
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend a means of access while demanding, demanding or promising compensation therefor.

Nevertheless, at around 15:00 on March 9, 2018, the Defendant heard the horses that “The amount of KRW 5,000,000,000,000, if the credit rating is high by raising the loan performance is possible, and the physical card linked to the account is required in order to enhance the credit rating,” and issued one copy of each of the physical card connected to the D bank account (E) in the name of the Defendant and the F (G) and notified each person of the password card.”

In this respect, the Defendant promised to receive future loans in consideration of intangible expectation interest through false deposit and withdrawal transactions, and lent the means of access to a person who has lost his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Application of three copies of a written confirmation of the results of transfer, details of transactions, six copies of a written confirmation of transfer transactions, and statutes governing customer personal information;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the account of the means of access that the Defendant lent was actually used for the commission of fraud; (b) the circumstances such as the fact that the Defendant recognized the commission of the crime; (c) the primary offender; and (d) the Defendant’s age, character, character, environment, occupation, motive and consequence of the crime; and (d) the sentencing conditions specified in the trial process, including the circumstances after the crime, shall be comprehensively considered.

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