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(영문) 수원지방법원 안양지원 2019.05.23 2018고단1552

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 the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around April 28, 2018, the Defendant: (a) obtained a proposal from an unexpane using the name “B” and obtained a cash card from the unexpane who used the name “B; (b) would provide KRW 2 million to KRW 3 million or KRW 3 million if the Defendant lent a cash card; and (c) on the same day, the Defendant sent Kwikset service articles who sent the said unexpane from the first floor of the building in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the paper, along with one physical card connected to the D Bank Account (E) in the name of the Defendant, included the password of the said physical card.

Accordingly, the Defendant loaned the means of access upon demanding compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on deposit;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is a crime detrimental to the safety and trust of financial transaction.

The leased cards, etc. can be abused as a means of other crimes, and the Defendant's lending cards have been actually used for fraud crimes.

The favorable circumstances are against the defendant's wrong recognition.

The crime of this case seems to have failed to obtain the benefit.

There is no record of the same crime.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.