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(영문) 의정부지방법원 고양지원 2019.01.10 2018고단2827
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, on August 21, 2018, the defendant received the proposal that "If he lends a physical card for three days, he shall pay 2,400,000 won per one copy, if he/she lends it" from the B office located in Yongsan-gu, Yongsan-gu, Yongsan-si, Goyang-si, and he/she saw two physical card cards connected to the bank account (D) and E bank account in the name of the defendant, the means of access."

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Transfer receipt;

1. Responses to the execution of a warrant of search, seizure, and verification (application of financial account) and replys to the second execution (application of financial account trend);

1. Application of the statutes governing advertisement letters received by the defendant;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such means of access can be used for considerable social harm, such as singing, illegal gambling sites, lending fraud, etc.

In this case, the means of access leased by the defendant was actually used for loan fraud crime.

However, the Defendant recognized the instant crime and reflected his mistake.

In 200, there is no record of criminal punishment other than the punishment of a fine due to drinking driving.

The defendant seems to have no profit from the crime of this case.

The details of the instant crime, the number of means of access leased, the age, character and conduct of the Defendant.

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