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(영문) 대전지방법원 2019.09.06 2019고정717
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

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, around March 8, 2019, at the “C” point of the operation of the Defendant located in Daejeon Seo-gu Daejeon, the Defendant received a proposal from the person who is the team leader that grants personal money to lend the principal and interest, and consented to lending at least 3% per month if he/she sent the e-mail card to pay the principal and interest, and then delivered the e-mail card connected with the future deposit account (E) in the name of the Defendant using Kwikset’s service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the transfer of money;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order lies in the confession of the crime in this case and the mistake is divided, and there is no same criminal history. However, since the transfer of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and may be used as a means of other crimes, the crime is not good, the means of access transferred by the defendant actually used for the crime in this case, the defendant committed the crime in this case during the period of probation, and all the other conditions of sentencing shown in the argument in this case, such as the defendant's age, character, character, environment, family relationship, means and result of the crime in this case.

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