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(영문) 수원지방법원 안산지원 2019.01.08 2018고단3668
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any means of access used in electronic financial transactions while receiving, demanding or promising to receive any consideration.

Nevertheless, around 09:36 on June 29, 2018, the Defendant received a text message from the person who was the employee of the company B, “B C. The head of the B C office at the time of receipt of the passbook which was written. At the time of receipt of the passbook, the Defendant may receive up to three million KRW 3,000,000 and up to five,00.” On July 3, 2018, the Defendant sent one account in contact with the above person who was not the deceased and borrowed one and received KRW 3,00,000,000. On July 4, 2018, 2018.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written statement, certificate of deposit, and written statement on financial transaction information (the details of account transactions, etc.);

1. The relevant provision of criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, and the lending of the means of access to the grounds for sentencing of imprisonment with labor is inevitable as it is possible to cause multiple victims by using the means of systematic fraud crimes.

In this case, several victims have occurred by lending the means of access, and the defendant was brupted in the desire to pay money, thereby doing the above act, and the damage has not been recovered.

Even if the defendant's assertion is based on the defendant's argument, the defendant could not know about which his act constitutes a crime, but it is sufficiently aware that his act is an illegal act.

However, the defendant is partially the victim.

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