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(영문) 전주지방법원 군산지원 2019.05.29 2019고단232
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall commit any act of lending the means of access while promising to receive any consideration, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 13:18 on November 5, 2018, the Defendant received a return of the card three days after he/she listens to the phrase “C” from a person who has no personal knowledge in the name of the Defendant, “C” located in the Kunsan City B, and requires a liquor company to divide taxes. When sending the e-mail card, the Defendant would return the card for 80,000 won a day and return it after using it for 3 days.” A copy of the e-mail card linked to the e-mail account in the name of the Defendant, sent to the person who has no personal knowledge through Kwikset Service news.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the confirmation of the results of transfer, application for transaction, and account transaction;

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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the provisional payment order is to facilitate the crime that has great social harm, such as fingering, etc., and to make it difficult to arrest the criminal.

However, the fact that the defendant repents and reflects the wrong, and that there is no record of the same kind of crime is favorable.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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