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(영문) 수원지방법원 안양지원 2019.09.19 2019고단1341
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 borrow or lend a means of access, or keep, deliver or distribute a means of access, while promising to receive or request compensation.

Nevertheless, on April 5, 2019, the Defendant reported and contacted text messages that it is possible to lend KRW 20,000 from a person without his/her name, and received a proposal that he/she would be able to lend KRW 24,00,000 from a person without his/her name, and that he/she would be required to pay interest, so that he/she would send a physical card, and that he/she would request the delivery of the Defendant’s Japanese bank account (Account Number B). On the 10th of the same month, the Defendant lent the above means of access to a person without his/her name by delivering to Kwikset service articles on the 1st of Seoul Building C around the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Requests for warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes on certificates of transactions by account;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is a crime detrimental to the safety and trust of financial transaction.

The card lent by the defendant was actually used for fraud crime.

A favorable circumstances: The Defendant was unable to obtain monetary benefits under the instant case.

The defendant has long been able to lead a work life in good faith, and again he is expected not to commit a crime.

There is no same penalty power.

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

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