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(영문) 의정부지방법원 2019.05.02 2019고정123

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, in using and managing a means of access for electronic financial transactions, borrow or lend a means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on September 3, 2018, the Defendant received a proposal from “B (ID)” and “B” that “ID (ID)” and “B, if the price of supply of goods is received from the company’s name, would be excessively imposed, and would like to use the Defendant’s account in the name of the company as the price of supply instead of the company’s name. If the Defendant borrowed the account in the name of the Defendant for three days, the Defendant would give five million won per account in return.”

Since then, the Defendant sent Kwikset Service Articles to “E” through Kwikset Service Articles to “B” one of the passbooks in the name of the Defendant and the physical card, which is a means of access connected thereto, to “B” and notified the password by the Kakao Stockholm message.

Accordingly, the defendant committed an act of lending the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on response to financial data;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment on lending the means of access to the means of sentencing under Article 334(1) of the Criminal Procedure Act by causing serious social harm, such as impairing the general trust in financial transactions and the security of financial transactions, and using it for licensing crimes.

However, it seems that the defendant had known that his account was used for the singishing crime and that he had known the fact that his account was used for the singishing crime.

The age, age, and age of the defendant.