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(영문) 수원지방법원 안산지원 2019.01.24 2018고단4069

전자금융거래법위반

Text

Defendant

A A shall be punished by a fine of KRW 4 million and by a fine of KRW 5 million.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

No one shall commit any act of lending any means of access while promising to use and manage the means of access.

1. On January 2018, Defendant A received a proposal from a person who has no name, stating that “The Defendant would pay KRW 150-2 million per account, if he/she lends the card.” On the same day, he/she sent a physical card connected to the Defendant’s account under the name of the Defendant to Kwikset Service employee and notified the password of the physical card E.

Accordingly, the defendant agreed to receive compensation and lent a physical card and password, which is a means of access.

2. On January 24, 2018, Defendant B received a proposal from a person who has no name to pay KRW 3 million per card for the purpose of tax reduction and exemption. On the same day, Defendant B sent a physical card connected to the Defendant’s post office account (H) in the G office located in the Sinh City F in Sinh City on the same day and notified Defendant B of the password of the physical card by telephone.

Accordingly, the defendant agreed to receive compensation and lent a physical card and password, which is a means of access.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes on details of transfers;

1. Relevant Article 49 (4) 2 and 6, and Article 49 (3) 2 of the Electronic Financial Transactions Act (elective of fines) concerning criminal facts and the Defendants who choose punishment:

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The sentence shall be determined by comprehensively taking into account all the circumstances indicated in the record, including the following circumstances, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

The favorable circumstances: the occurrence of considerable damage caused by the Defendants’ act, and Defendant B’s record of being suspended from indictment for the same offense.