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(영문) 의정부지방법원 2019.06.20 2019고단830

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 borrow or lend a means of access, or keep, deliver or distribute a means of access while demanding, demanding or promising compensation.

Nevertheless, on December 2018, the Defendant received a proposal from a deceased person’s name-free person via a mobile phone from the early 2018 police officer, stating, “The Defendant will provide KRW 100,000 per day if he/she lends a cream card to use for money exchange for gambling,” and accepted it. On December 7, 2018, the Defendant sent the 20th early male of the 20th century to the above deceased person prior to the sending out of the calendar 3rd Station in Gangnam-gu, Seoul, and sent the cream card to the above deceased person, using the mobile phone D message, and then notified the above name-free person of the password’s password.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E;

1. The application of statutes on financial transaction details, D dialogue details, replies to requests for the provision of financial transaction information, and the details of letters;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed in the following circumstances: (a) the defendant was promised to pay consideration and lent one physical card connected to his bank account to another; and (b) the means of access provided in such a manner is highly likely to be abused for fraud, such as Bosing, etc. against many and unspecified persons; (c) the crime is not less and less than the nature of the crime; and (d) the fact that the above bank account was used for the crime and causing property damage worth KRW 6 million, which is disadvantageous to

However, the defendant recognizes and reflects the crime of this case, and the profit gained from the crime of this case is all.