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(영문) 춘천지방법원 원주지원 2020.04.24 2019고단1354
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

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, on July 22, 2019, the Defendant called “to lend a e-mail card connected to the account, if sent, to increase credit rating by accumulating transaction performance.” On July 26, 2019, the Defendant sent one e-mail card connected to the D Bank account (E) in the name of the Defendant at Gangwon-si B and fourth C Kabter on July 26, 2019, via Kwikset news.

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. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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 for the order of provisional payment [Incompetence] is a crime of lending means of access that can be used for various crimes, such as tax evasion, gambling, fraud, etc.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

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

In other words, there is a wrong recognition and contradiction.

There is no benefit acquired through the instant crime.

There is no history of criminal punishment.

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

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