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(영문) 수원지방법원여주지원 2020.09.15 2019고단788
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person may lend a means of access, promising any compensation.

On March 21, 2019, the Defendant received a proposal stating, “When sending a e-mail card that enables the withdrawal of the principal and interest of loans that can be repaid by the party to the case, the Defendant will restore the e-mail card, and return the e-mail card if all the loans are repaid.” On March 22, 2019, around 14:00, the Defendant issued one e-mail card connected to the e-mail account (D) in the name of the Defendant to the male who sent the above e-mail, and notified the account number and password by telephone.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E’s authentic statement and detailed statement of transactions by account;

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

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, consideration shall be given to the following facts: (a) the Defendant’s means of access for the crime of licensing is used; (b) the social harm, etc. of the crime of licensing is unfavorable; (c) the time and reflects; and (d) around around 2001, there is no other force of punishment than the punishment of a fine on one occasion due to the crime of this type.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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