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(영문) 전주지방법원 남원지원 2019.09.03 2019고정9

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 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 June 22, 2015, the Defendant received a proposal from a person who has no personal name, stating that “the head of a Tong and a e-mail card are operated, and sent the head of a Tong and a e-mail card.” In return for lending the head of a Tong and e-mail card, the Defendant accepted it, and then sent one copy of the passbook and e-mail card connected to the post office account in the name of the Defendant through Kwikset-ro 235, at around 10:00 on the same day, from the street in front of the Gwangju Northern-ro 235, the Defendant sent one copy of the passbook and e-mail card to the person who has no personal name.

Accordingly, the defendant provided a loan to the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes on search, seizure, verification warrant and details of relevant account transactions;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines not exceeding 20 million won;

2. Determination of sentence: The act of lending a means of access for electronic financial transactions amounting to a fine of KRW 3 million may impair the security and reliability of electronic financial transactions and be used as a means of serious other crimes, such as singing, gambling, tax evasion, etc. Therefore, it is necessary to strictly punish the means of access. In fact, the means of access leased by the Defendant was used for singing crimes, and the occurrence of secondary damages is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case, and the defendant acquired from the crime of this case.