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(영문) 춘천지방법원 강릉지원 2019.09.03 2019고단870
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access while demanding, demanding or promising compensation.

Nevertheless, around April 15, 2019, the Defendant extended a loan of KRW 3 million to a person who was named as a borrower’s employee at the C office located in the Dong Sea-si B, and then notified the lender of the secret number by telephone. The Defendant heard the horses that “the borrower must withdraw directly.” The lender sent a nick card to the Defendant’s name and sent the nick card to the designated place with the D Association account (E) account in the name of the Defendant.

Accordingly, the Defendant promised to transfer the means of access to compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A copy of the bankbook and a statement of transactions at the cash payment deadline;

1. Details of G dialogue;

1. A certificate of details by transaction account;

1. Response to financial data;

1. Certificates of entrustment of post-door distribution;

1. Summary of copies of text messages and evidence;

1. Defendant's legal statement;

1. The police statement of H;

1. Requests for financial information;

1. Application of Acts and subordinate statutes to report internal investigation (attaching a certificate of deposit of damage);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized the crime, the defendant did not have any record of punishment for the same crime, and the account linked to the means of access lent by the defendant is suspended and the amount of damage has not been actually withdrawn.

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