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(영문) 수원지방법원 안양지원 2019.05.24 2019고단384
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a means of access while receiving, demanding or promising compensation.

Nevertheless, the Defendant, who misrepresented the borrower, called “if he knew of the result of the examination of sending the physical card, he would give a loan after raising the internal transaction performance.” On December 14, 2018, the Defendant sent one physical card connected to the DDR account in the name of the Defendant through Kwikset service at the “Ccafeteria” located in the Sinpo-si B, Si, Gunpo-si on December 14, 2018, and informed him of the password number.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of transactions and replys to D cooperatives;

1. Application of the Acts and subordinate statutes on G dialogue data;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the defendant's name was used for fraud.

However, the attitude of the defendant to recognize and reflect the wrongness of the defendant.

It is an initial crime without criminal force.

The sentence shall be determined as ordered in consideration of the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct, the environment, etc. of the defendant.

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