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(영문) 대구지방법원 경주지원 2020.02.06 2019고정149
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on February 2019, the Defendant, in the vicinity of the Seocho-si bus terminal located in Sejong-si, the Defendant, “Is to work in the Philippines. Is if I think of it to engage in money exchange business. Is to get employed in the Philippines business, Is the Defendant may enter the Philippines with a card in his name. On every 15th day of the month, Is the word “Is to find the money on the card and send the card only.” Then, Is the Defendant’s consent to the said proposal, and satch card, which is linked to the account in the name of the Defendant’s name, was dried by using a bus crossing that is connected to the account in the name of the Defendant.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a written petition, a certificate of details by member transaction account, and a deposit without passbook;

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. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as lending of the means of access for electronic financial transactions can be used as means of other crimes, such as scam, etc.

In fact, the means of access lent by the defendant was used for the crime of Bophishing, resulting in the victim.

The defendant has been punished for the same kind of crime in the past.

However, the defendant did not gain any substantial benefit from the crime of this case.

The defendant recognizes his wrong and reflects his wrong.

The defendant's age, character and behavior, and motive for committing crimes, including equity with the punishment cases of the same kind and similar cases.

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