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(영문) 수원지방법원 여주지원 2019.01.16 2018고단1052

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on May 28, 2018, the Defendant received a proposal that “if he/she lends a e-mail card for three days, he/she will pay KRW 3 million to the e-mailed person” from the most bad name holder of the liquor company, and around that time, he/she sent a e-mail card that is linked to the account (Account Number: D) in the name of the Defendant through Kwikset Service Articles in front of the e-mailed B, and then sent a e-mail card to the e-mailed person and then notified the password of the above e-mail card by telephone

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A specification of transactions;

1. Details of the F dialogue;

1. Application of statutes, such as account transaction details under Defendant name C;

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 on the provisional payment order was that the means of access leased by the Defendant was used for the actual fraud crime, causing damage.

Defendant

The amount of damage from the account in the name is 7 million won, and 90,000 won among them was acquired by the defendant.

Although there are many criminal records, the defendant has no record of being punished for the same crime.

Defendant reflects on crimes.

Other circumstances, such as the age, character and conduct, the environment, etc. of the defendant, shall be determined as per the disposition.