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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단2803
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 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, at around 15:00 on June 19, 2018, the Defendant received a proposal that “If he/she lends a physical card for three days, he/she shall pay 4 million won per sheet to each party, if he/she lends it for three days” in front of the building C Dong-dong, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and sent a physical card connected to the Defendant’s account under the name of the means of access (E) to the person who has not been injured.”

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. A written statement;

1. A statement of financial statements;

1. Response to a warrant of search, seizure and verification;

1. Application of text and G details Acts and subordinate 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 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.

The defendant seems to have no benefit directly acquired through the crime of this case.

Although the Defendant was not prosecuted of the above loan fraud crime, the Defendant agreed to the victim F of the above loan fraud crime with F, and accordingly expressed the intent that the above victim does not want to be punished against the Defendant.

Such efforts shall be taken into account to a certain extent to recover damage it has caused.

.for the same kind;

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