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(영문) 서울서부지방법원 2020.01.22 2019고단3761

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

Nevertheless, around August 8, 2019, around 17:00, the Defendant sent one physical card, which is a means of access connected to the D account under the name of the Defendant, to a person with no personal identity, pursuant to the promise that the Defendant would pay 15% of the amount of use to the personal account in advance of the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement to F and the certificate of remittance confirmation-related Acts and subordinate statutes;

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 of the provisional payment order reveals that the means of access leased by the accused has been used for the crime of fraud. However, the same sentence as the order shall be determined by taking into account all the various circumstances, including the fact that the accused recognizes the crime of this case, the degree of recognition of illegality, the primary offender, the age, character and conduct, career, motive of the crime, and the circumstances after the crime.