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(영문) 수원지방법원 안산지원 2019.06.21 2019고단661
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 person may lend a means of access while receiving, demanding or promising any consideration.

However, around December 3, 2018, the Defendant consented to the proposal that “the head of a Tong needs to resolve tax issues in operating the company. If the head of a Tong is lent, KRW 3 million per account and return it for three months per account.” On December 3, 2018, around 16:00, the Defendant sent a e-mail card connected with the Defendant’s name (E) bank account in broad name C through Kwikset Service Articles.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage and the details of remittance;

1. Data on replies;

1. Application of statutes, such as F message;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending means of access not only undermines the stability of electronic financial transactions and the trust thereof, but also providing the means of other crimes, such as singing, etc. In fact, social harm is necessary. The circumstances in which the means of access that the Defendant leased was used for singing crimes are recognized as crimes and reflects the fact that the means of access actually used for singinging crimes, the fact that the Defendant appears to be criminal by dolus negligence, G which is the victim of singing, and H, have made efforts to recover damage by remitting some of the money to singing off the money to the singish, the first offender is the defendant's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the various sentencing conditions as set forth

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