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(영문) 수원지방법원 안산지원 2019.01.08 2018고단3809

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any means of access to electronic financial transactions with the receipt, request or promise of the consideration.

Nevertheless, around May 28, 2018, the Defendant received a proposal from a person without his name, stating that he would lend his physical card for three days, pay 2,100,000 won in consideration thereof, and then accepted the proposal, and then sent it to the person with no name, indicating the password of the above physical card to the box containing one copy of the Cbank (D) connected to the bank account in the name of the Defendant through Kwikset service in the vicinity of the Defendant's house located in the Dong-gu, Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to account inquiries and details of transactions;

1. The relevant provision of criminal facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act regarding the selection of punishment, and the lending of the means of access to the grounds for sentencing of imprisonment with labor is inevitable as it is possible to cause multiple victims by using the means of systematic fraud crimes.

In this case, several victims have occurred by lending the means of access, and the defendant was brupted in the desire to pay money, thereby doing the above act, and the damage has not been recovered.

Defendant

In addition, even though one's own act has become a specific crime, it seems that it has been sufficiently aware that it is an illegal act.

Provided, That the punishment shall be determined as ordered in consideration of the defendant's reflectivity, criminal records (no criminal records of the same kind), etc.