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(영문) 수원지방법원 안산지원 2019.11.28 2019고단2774

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

Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, on April 25, 2019, the Defendant: (a) received a proposal from an unqualified person who misrepresents himself/herself to pay an account of KRW 800,000 per day when he/she leases the account from an unqualified person; and (b) provided one check card connected to the account of the National Bank (D) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of remittance, invoice, and text message;

1. Application of Acts and subordinate statutes concerning report on internal investigation (financial information);

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 is not only impeding the stability of electronic financial transactions and the trust thereof, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. The fact that the means of access actually transferred by the Defendant is used for the commission of fraud is disadvantageous to the Defendant.

However, the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant recognized the crime, the first offender who has no record of crime, and the fact that the defendant has no profit from the actual acquisition, etc., shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions