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(영문) 서울중앙지방법원 2020.04.23 2019고단8283

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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on July 22, 2019, the Defendant: (a) heard the horses that “the Defendant would create a Maspbook up to KRW 30,000,000 at a low interest rate of 30,000 won by raising the transaction performance.” (b) hear the horses that our employees send Masp Card, and (c) around 23:30 of the same month, on the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant issued the Mask Card, which is a means of access connected to the National Bank Account (C) in the name of the Defendant, to the above bearer; (c) around that time, the Defendant informed the above person of the password’s password by using the Kakao Masp.

Accordingly, the defendant promised to receive a future loan in return for intangible expectation interest, and lent the means of access to a person with no name.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Details of account transactions with A National Bank;

1. Application of the Kakao Stockholm statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing criteria are not applied since the sentencing of Article 334(1) of the Criminal Procedure Act is sentenced to a fine for the reason of sentencing.

It is necessary to strictly punish the act of lending the means of access used in electronic financial transactions to assist other crimes such as singing frauds.

On the other hand, the sentencing conditions such as the family relation, age, character and conduct, environment, etc. of the defendant shall be determined as ordered in consideration of the fact that the defendant is the first offender and the mistake of the defendant is divided.