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(영문) 수원지방법원 안양지원 2019.06.18 2019고단675

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 lend a means of access used in electronic financial transactions while demanding, demanding or promising the compensation therefor.

Nevertheless, the Defendant received a proposal that he would borrow a physical card from a person who is not his name, and accepted it. On October 12, 2018, around 14:00, the Defendant sent a physical card and its password connected to a bank account in the name of the Defendant to a person who is not his name with Kwikset Service in front of the Manan-gu, Manan-gu, Swikset Service and lent the means of access to the financial institution.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the details of passbook transactions, details of transactions, and provision of financial transaction information;

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 not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.

On the other hand, the defendant recognized a mistake and reflects it, and there is no record of punishment in Korea.

The punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime.