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(영문) 전주지방법원 2019.06.26 2019고단470
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

From the end of April 2018, the Defendant received a proposal to the effect that he would give 800,000 won in return for sending a e-mail card from a person who has no personal standing in return for the sending of the e-mail card at the time of the end of April 2018, and accepted it, and sent a copy of the e-mail card connected to the E-bank (F) under the name of the Defendant, and sent it to the above convenience store and let him find the password by G.

As a result, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of details of transactions, replys, and statutes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows, and the defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are considered as follows, and the punishment is determined as ordered by the order, comprehensively taking into account the following circumstances:

- In that the means of access leased by the above crime is highly likely to be abused as a means of serious crime, the said means of access has been used in actual crimes.

- The accused is the first offender that is led to confession.

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