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(영문) 광주지방법원 순천지원 2019.07.04 2019고단1020
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 14:16 on December 20, 2018, the Defendant issued one physical card, each of which is linked to the Cbank (D) account in the name of the Defendant and the post bank account (E) through Kwikset-based service article, and notified the password of that physical card, in front of the 14:16th operating of the Defendant.

In this respect, the Defendant promised to give credit and receive future loans through false deposit collection transactions in return for the intangible expectation interest, and lent the means of access to a person who has failed to obtain the name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the deposit certificate, details of entry and withdrawal transactions (A), personal information on financial information, personal information on the principal financial transaction (A), details of transactions, and provisions of the Acts and subordinate statutes on G dialogues;

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 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, the defendant recognized all of the crimes of this case and reflects his mistake in depth, and the defendant in this case.

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