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(영문) 춘천지방법원 강릉지원 2019.05.16 2019고단367
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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, around November 19, 2018, introduced himself/herself as C representative working at the name-based B Bank name-dong branch of B Bank on and around November 19, 2018, and, if he/she wishes to obtain a loan, he/she must have transaction performance at the rate of 5.8%. However, if he/she wishes to obtain a loan, he/she must have a transaction record. If he/she sends a e-mail card, he/she loans KRW 20 million after accumulating transaction performance and refunds the e-mail card.” On November 21, 2018, the Defendant sent the e-mail card connected to the Defendant’s bank account (G) in the name-based e-mail store operated by the Defendant, through the cargo article sent by the non-member of the name-based e-mail at the e-mail store.

As a result, the defendant promised to pay credit rating through false deposit collection transactions in return for intangible expectation interest to receive future loans, and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written confirmation of the results of transfer and a statement of transactions;

1. Provision of financial transaction information, certificates of deposit transaction records, detailed statements of transfer of Internet banking, and inquiry into customers' personal information;

1. Investigative Report (Attachment of I’s message Details), I’s message dialogue details, and application of laws and regulations related to the dispatch of e-mail cards;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, such as the instant crime, can be used as a means of other crimes, such as scam.

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