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(영문) 수원지방법원 성남지원 2020.07.21 2020고단739

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

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 any other Act.

Nevertheless, on October 9, 2019, the Defendant received a communication from a name-free person to the effect that “When sending a e-mail card connected to an account to pay interest, the Defendant would lend the e-mail card” and consented thereto on October 16, 2019, and sent the e-mail card to the national bank account (B) in the name of the Defendant at the Tae-dong post office, Tae-dong Office, Tae-dong, Tae-dong, 113 due to the revision of Sung-nam City on October 16, 2019.

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

Summary of Evidence

1. Application of the police's statement statement statement C with regard to the defendant's legal statement, the details of account transactions (46 pages of investigation records);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) have the record of being sentenced to a fine for a violation of the Electronic Financial Transactions Act in around 2014, and a crime of fraud, etc. that took part in the so-called Bophishing crime in around 2016, each of which was sentenced to imprisonment. However, around March 2, 2017, the criminal defendant, who completed the execution of imprisonment on or around March 2, 2017, provided that, as stated in the reasoning of the judgment of the court below, “I would give a loan if you send the physical card connected to the account to which he will pay the interest, you will give a loan.” One copy of the physical card connected to the account under the name of the defendant to the account under the name of the defendant, and eventually, the said account under the name of the