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(영문) 수원지방법원 평택지원 2020.04.21 2019고정649

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 receive the promise to receive and lend any means of access used in electronic financial transactions.

Nevertheless, on January 29, 2019, the Defendant received a proposal from a person without his name, to the effect that he sent a down-to-face card from a person with no name, “to make a transaction record on a loan possible,” and agreed to do so. On the same day, the Defendant issued a check card connected to the Nong Bank Account (Account Number:C) in the name of the Defendant and the Nong Bank Account (Account Number:C) in the name of the Defendant, and sent the password of the said physical card to the person with no name, using a phone copy connected to the Nong Bank Account (Account Number:C) 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 each other.

Summary of Evidence

1. Defendant's legal statement;

1. Transfer statement, each A personal information, and details of transactions;

1. Application of Acts and subordinate statutes to investigation reports (Submission of detailed statements of deposits traded by suspects);

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

1. Articles 40 and 50 of the Criminal Act, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the accused was used for criminal purposes by a third party.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant recognizes the crime in this case; (b) the defendant is against whom he/she lends the means of access by trusting the statement that he/she lends; (c) some victims are expected to have returned the amount of damage; and (d) the defendant has no record of criminal