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(영문) 서울서부지방법원 2019.08.14 2019고단1862

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one may lend any means of access with promise to pay for the use and management of the means of access.

Nevertheless, around March 20, 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented B credit team to create transaction performance; (b) received a letter from a name-free person who made him/her a false transaction; and (c) consented to the lending after making a performance through deposit-out transaction; and (d) delivered a physical card connected to the Defendant’s name-free bank account (E) around March 14, 2019 through Kwikset Service before Eunpyeong-gu Seoul, and lent the means of access with promising interest to receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on financial institutions’ replies and G dialogue details;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions indicated in the records of this case, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the following circumstances.

Unfavorable circumstances: The lending of the means of access for electronic financial transactions may be used as a means of other crimes and thus requires strict punishment: The act is against the recognition of the crime.