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(영문) 춘천지방법원 원주지원 2020.05.15 2019고단1259
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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, the Defendant, at around 15:00 on August 8, 2019, called “B head of the team” and called “D” to the effect that, in order to obtain a loan, the Defendant would carry out a loan if he sent the e-mail card so that he can withdraw the loan and interest,” and sent the e-mail card connected to the e-bank account (Account Number:F) in the name of the Defendant to “D” located in Gangwon-si, Gangwon-si.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the Acts and subordinate statutes on details of financial transactions and the Kakao Stockholm;

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 of the provisional payment order [Incompetence] has committed the instant crime during the period of suspended execution due to the instant crime.

The lending of the means of access is a serious crime that can be used for various crimes such as tax evasion, gambling, fraud, etc.

The check that the Defendant lent was actually used for fraud crime.

【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.

Recognizing and opposing the mistake, it seems that there is no benefit acquired through the crime of this case.

There is no record of criminal punishment for the same crime.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, and environment, shall be comprehensively considered.

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