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(영문) 수원지방법원 여주지원 2020.02.10 2019고단1221
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall lend a means of access, promising any consideration.

Nevertheless, around May 7, 2019, the Defendant received the proposal that “When sending Kakaox a Kakao card from a person without his name to pay the principal and interest of loan repaid by Kakaox, the Defendant would have harmed the loan and return the Kaka card if he fully repaid the loan.” On June 10, 2019, around 14:12, Seongdong-gu Seoul and around 303, Seongdong-gu, Seongdong-gu, Seoul, and around 14:12, 2019, the Defendant sent one Kao card connected to the B bank account (C) in the name of the Defendant at Sungdong post office to deliver it to the person with no name, and notified the password to the Kakaox.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of banking transactions;

1. Search and seizure warrant and reply;

1. Application of the statutes concerning the content of Kakao Stockholmation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order caused damage to the victim by deceiving KRW 5630,000 by being used for telephone financing fraud crime.

However, the defendant also belongs to the telephone financial fraud crime organization and committed the crime of this case.

In addition, immediately after the instant case, the Defendant’s account transaction was suspended, and approximately KRW 4.6 million out of the money obtained through deception deposited in the account is not withdrawn and it is likely that it can be returned to the victim.

In addition, the defendant has no criminal history of the same kind.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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