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(영문) 춘천지방법원 강릉지원 2019.06.27 2019고단499
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

In using and managing a means of access, no one shall lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around December 31, 2018, the Defendant borrowed KRW 15 million from the “C” bank located in Sincho-si B, “C” to a person in poor name named as the “the team leader of the D Office E team.” The Defendant heard the horses that us must withdraw directly, and sent a e-mail card connected to the F account under us’s name, and sent a e-mail card to the designated place by the name holder, via Kwikset service article, and notified the password by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of deposits and withdrawal, and financial data;

1. Report on internal investigation (a letter A and I attached contents), text message details, and application of Acts and subordinate statutes governing internal investigation (a statement on account holder A and I attached contents);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant.

The Defendant’s act of lending the means of access to another person, like the instant crime, needs to be strictly punished inasmuch as it can be used as other means of crime, such as singishing.

In this case, the means of access lent by the defendant was used for the crime of Bophishing fraud, causing damage.

On the other hand, the fact that the defendant recognized the crime and reflects it, and that it is the first offender who had no record of punishment prior to the instant case is favorable.

In addition, the records and pleadings of this case, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime.

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