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(영문) 의정부지방법원 2020.02.13 2019고정1647

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any means of electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, on May 7, 2019, the Defendant heard the phrase “a loan will be made.... will be made available for revenue,” and accordingly, the Defendant sent the physical card and password connected to the bank account (Account Number: B) in the name of the Defendant to the non-resident of the Government on May 9, 2019. In response, around 15:15, the Defendant sent the personal card and password to the non-resident of the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on replies;

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 requires strict punishment on lending the means of access to the means of sentencing under Article 334(1) of the Criminal Procedure Act by causing serious social harm, such as impairing the general trust in financial transactions and the security of financial transactions, and using it for licensing crimes.

However, the defendant recognized the crime of this case, and was believed to have known that his account was used for the crime of Bophishing, and was not paid for the crime of this case.

In addition, there are circumstances to consider the circumstances leading to the crime of this case by deceiving a person who has not been killed in name, and the criminal defendant applied for suspension of payment and received a return of the money by fraud.

The defendant's age, character and conduct, environment, and motive for committing a crime;