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(영문) 의정부지방법원 2020.10.15 2020고정1339

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 may lend a means of access while receiving, demanding or promising any consideration.

Nevertheless, at around 14:00 on March 20, 2020, the Defendant listened to the statement that “on the face of lending an account to be used for receiving the payment,” from a person who has not been paid his name, and notified him of the name card, which is connected to the CF’s account under the name of the Defendant, to the person who has not been paid his name.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A remittance statement;

1. Application of F’s response data statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); the selection of fines for criminal facts;

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 is that the defendant recognized the facts charged in the instant case and reflects his mistake, and that the defendant has no criminal record due to the same kind of crime and has no record of criminal punishment exceeding the fine, etc. are favorable to the defendant.

However, considering the fact that strict punishment on the lending of the means of access is necessary to eradicate the so-called singinging crime, in this case, considering the unfavorable circumstances such as the fact that the defendant's lending of the means of access actually caused the actual fraudulent damage, it is deemed that the punishment of a summary order against the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.