beta
(영문) 서울남부지방법원 2020.05.27 2020고정781

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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, the defendant's written indictment on December 5, 2017 is deemed to be a clerical error, and thus the defendant's correction is made.

(hereinafter the same shall apply)

On December 6, 2017, the post office located in the new-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, sent a physical card to the above person in the name of the defendant through the post office (B), and notified the password of the above physical card to the above person in the name of the defendant.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of a warrant for search, inspection);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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, including the Defendant’s age, character and conduct, environment, balance between sentencing and similar cases, shall be determined as ordered by taking into account the following circumstances.

Since the act of lending the means of access is used as a means of crime, such as scam, its harmful effects are serious, it is not good to commit a crime.

A. The Defendant sent a means of access to a lender or a counselor and also informed him/her of the password, only on the explanation that the loan is possible without specific confirmation as to the existence of the lender or counselor.