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(영문) 의정부지방법원 2019.09.26 2019고정1173

전자금융거래법위반

Text

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

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 may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 29, 2019, the Defendant received a mobile phone text message from a person who was named in his/her name and sent it to him/her, and agreed to give him/her a loan if he/she sent it. At around 18:00 of the same month, around 30, 201, the Defendant issued one check card connected to the national bank account (C) in the name of the Defendant in front of the Bayang-si, Namyang-si, B apartment-si, and sent one copy of the check card to a person who was named in his/her name and notified him/her of the password in the mobile phone text message.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certificates of payments made;

1. Application of Acts and subordinate statutes governing dialogues;

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 fact that the Defendant recognized the crime, repayment of KRW 70,00 to D who suffered the fraud due to the instant crime, etc. is making efforts to recover the damage, and the Defendant appears to have been unaware of the fact that his account was used for the crime of Bosing. The fact that the Defendant did not receive the actual price due to the instant crime is considered as favorable to the Defendant.

The age, age, and age of the defendant.