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(영문) 의정부지방법원 2019.06.27 2019고정808

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person may lend a means of access while receiving, demanding or promising any consideration.

On September 2018, 2018, the Defendant sent a e-mail card, which is linked to the B (C) account in the name of the Defendant, to a person whose name is unknown, and then sent the e-mail card to a person whose name is unknown, with a telephone, and with a e-mail card connected to the B (C) account in the name of the Defendant’s name to a person whose name is unknown, and notified the above account password by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to response materials;

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 sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The Defendant committed the instant crime even though he/she clearly recognizes that the lending of the means of access by a financial institution is illegal because he/she was investigated into the violation of the Electronic Financial Transactions Act and was subject to a non-prosecution disposition.