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(영문) 서울남부지방법원 2020.04.22 2020고정640

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

Nevertheless, the Defendant, on November 2019, issued a proposal to the effect that “on the face of sending a physical card for repayment of principal and interest,” from a person who assumes a false name as a loaner, the Defendant issued a letter of the physical card connected to the bank account (B) in the name of the Defendant at the new-dong post office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, on November 19, 2019.

As a result, the Defendant promised to pay for the intangible expected interest of future loans and lent the means of access to the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data on financial statements;

1. Application of Acts and subordinate statutes to investigation reports (in case of attaching e-mail data produced by a suspect to A);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, environment, balance between sentencing and similar cases, shall be determined as ordered by taking into account the following circumstances.

Since the act of lending the means of access is serious in that it is used as a means of crime, such as scam, etc., the nature of the crime is not easy, and the means of access in the name of the defendant is used for actual crime.

A. The defendant led to the crime

It appears that the Defendant committed a crime with the care of the speech of a person who has not received the name that the Defendant would force the loan, and there is no actual benefit from the loan.

(a) there is no criminal power of the same kind;