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(영문) 의정부지방법원 2020.06.29 2020고단355

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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on September 16, 2019, the Defendant promised to receive KRW 5 million from a person who was not the deceased, and sent a physical card necessary for withdrawal of the principal and interest at the time of repayment of the principal and interest, in response to the request, and around September 16, 2019, the Defendant sent one physical card connected to a bank account (D) in the name of the Defendant, the means of access, in front of Dongducheon-si, Kwikset service, to the person who was not the name, and notified the password.

Accordingly, the defendant provided a means of access in return for an intangible expected interest to receive future loans.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a warrant of search and seizure verification) (Attachment to data on a warrant of search and seizure verification), internal investigation (A submitted Kakao Stockholm

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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 is that the means of access, which is ordinarily used in the singing criminal act, causes a large number of good victims, so there is a need to punish the act of lending the means of access.

In 2019, the defendant was sentenced to suspension of indictment on the crime of fraud aiding and abetting the money deposited in the account by informing the name account holder of the account number and withdrawing the money in cash.

However, the defendant reflects his mistake, there is no benefit that the defendant actually acquired due to the crime of this case, and there is no criminal record other than the above suspension of indictment, and other favorable circumstances such as the defendant's age, occupation, character and conduct, environment, family relationship, circumstances and crimes.