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(영문) 광주지방법원 순천지원 2019.08.22 2019고단1192

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

No person shall transfer a means of access, receive, request or promise to transfer a transaction request in electronic financial transactions or to provide a user number, an electronic card or any other similar information registered with a financial company, etc. used to secure the authenticity and accuracy of the user and the details of the transaction, and a password necessary for the use thereof.

On April 16, 2019, the Defendant received a proposal from a lender who is unable to know the name he/she became aware of through mobile phone advertising text, and consented to send a physical card to pay interest. On the same day, the Defendant sent a physical card to the lender through his/her home line from C to the new bank account (D) opened in the name of the Defendant, and notified the lender of the following day.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on deposits without passbooks, copies of transaction statements, and prepaid cargo consignment certificates;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground that electronic financial transactions lent to another person for sentencing of the provisional payment order could cause damage to many and unspecified persons because they can be used for fraud crimes, such as singing, etc. In fact, considering the fact that the account of the means of access leased by the defendant was used for fraud, it is necessary to strictly punish the defendant.

However, the defendant recognizes all of the crimes of this case and reflects his mistake in depth, the fact that the defendant seems to have no profit from the crime of this case, the fact that the defendant does not have the same kind of power, and others, such as the age, character, character and environment of the defendant.