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(영문) 수원지방법원 여주지원 2020.05.20 2020고단370
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions with the receipt, request or promise of any compensation.

Nevertheless, on November 2019, the Defendant listened to the statement that “I would make a loan. I will withdraw the principal and interest directly from our own account if I sent the C Card.” On November 21, 2019, the Defendant sent one copy of the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-S-S-C-S-S-C-S-S-C-S-C-S-S-C-S-C-S-S-C-S-S-C-S-S-C-S-S-S-S-S-S-S-S-S

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A statement of account transfer;

1. Application of statutes on financial transaction information;

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

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 of the provisional payment order was that the Defendant’s leased financial transaction access media was used as a means of telephone financial fraud crime, and the victim has not yet recovered from the damage.

However, the defendant seems to have committed the crime of this case by deceiving the member of the telephone financial fraud crime group, and it does not have been intended to gain unjust profits through the crime, and there is no actual profit.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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