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(영문) 광주지방법원 순천지원 2019.07.18 2019고단1180

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.

From May 1, 2018 to March 3, 2018, the Defendant received a proposal to send a e-mail card from a lender who could not know the name he/she became aware of through the Internet search, and agreed to send it, and then sent a e-mail card to the borrower through Kwikset service, and sent a e-mail card related to the D Association account (E) opened in the name of the Defendant to the borrower, and notified him/her of the password in F currency.

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

Summary of Evidence

1. Defendant's legal statement;

1. Requests for search, seizure and verification (2018-8424) replys;

1. Application of Acts and subordinate statutes on a petition;

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 recognized all of the crimes of this case and reflects his mistake in depth, the defendant seems to have no profit from the crime of this case, the primary offender is the defendant's age, character and conduct, environment, motive, means and result of the crime of this case.