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(영문) 수원지방법원 안양지원 2020.04.03 2020고단35
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around August 9, 2019, the Defendant heard the phrase “C” from a person who assumes a false name as “C,” the Defendant sent a e-mail card to “I would create a transaction performance and give a loan,” and around August 12, 2019, issued a letter of e-mail card linked to the F Bank account (G) in the name of the Defendant in the vicinity of E located in e-mail, e-mail, and delivered it through Kwikset service news.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to details of transactions, customer personal information inquiry, and certificate of deposit transaction records;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] of the sentencing of a fine of KRW 50,000 to KRW 20,000 (Application of the sentencing criteria], and the sentencing criteria not applicable [decision of sentence] of a fine of KRW 3,00,000,000, and all the conditions of sentencing indicated in the circumstances and records are determined as the sentence

In the case of this case, the act of lending the means of access to another person is highly likely to be used as a means of other crimes, such as scam, etc., and thus there is a high risk of using it as a means of other crimes: The defendant is against the defendant; the defendant is committed in the speech of a person who has not been registered in the name of the victim who has not been registered so that the defendant would not have any profits actually acquired; and the defendant has the record

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