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(영문) 서울남부지방법원 2020.09.23 2020고정1416

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 promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, on August 28, 2018, the Defendant received a proposal from the post office located in Geumcheon-gu Seoul Metropolitan Government, that the borrower would make a transaction performance and offer a loan if he sent the check card from the most bad name holder, and accepted the proposal, and then sent the check card to the above person who was named in the name of the Defendant using one copy of the B Account (C) card in the name of the Defendant.

Accordingly, the Defendant promised to borrow the means of access in return for the intangible expectation interest that the Defendant may receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of D, financial institutions, and correspondence data (B);

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 serious in that it is used as a means of crime, such as scam, it is necessary to strictly punish the act, and the means of access in the name of the accused was used for actual crime.

It can be easily seen that the transaction performance is not a normal financial procedure, even though it can be easily seen that the lending work is not an ordinary financial procedure.

A. The defendant led to the confession and reflect of the crime

(k) Elementary offender;

It is the fact that the defendant has no substantial profit.