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(영문) 의정부지방법원 고양지원 2019.01.24 2018고단3082
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, around August 22, 2018, the Defendant received a proposal stating, “for five days, he shall pay 2.5 million won per sheet if he/she lends his/her physical card.” In addition, the Defendant sent two physical cards connected to the bank account (E) and the F (G) account in the name of the Defendant, the means of access, to the name in the name of the victim.

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 H statement;

1. A detailed statement of transfer of damage amount;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to I message);

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.

There is no criminal record of the same kind, but there is a record of punishment of larceny, etc. on August 18, 2016, including that of imprisonment with prison labor of one year and six months for night building intrusion, larceny, larceny, etc.

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

After the loan fraud damage amount was deposited, the defendant used some amount of money, but paid again the amount corresponding thereto.

In addition, the background of the instant crime, the number of means of access leased, and the Defendant.

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