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(영문) 의정부지방법원 고양지원 2019.10.25 2019고단2177

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any means of electronic financial transactions issued by a financial institution in return for the promise to sell the means of access.

Nevertheless, around April 3, 2019, the Defendant called from a person who was not the name of the deceased to the effect that “if he sent a e-mail card, he will get a loan after completing credit rating by accumulating the details of transactions from opening the account, and then improving the credit rating.” On the other hand, the Defendant lent the e-mail card to the person who was not the name of the deceased by using a e-mail card connected to the Defendant’s new bank account (Account Number B) at the post office located in Seo-gu, Seo-gu, Incheon.

As a result, the Defendant promised to provide a means of access in return for an intangible expected interest of future loans, and lent it to a named person.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A detailed statement of a warrant of search, seizure and inspection;

1. Application of statutes on the certificate of 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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, had been aware of the risk of transfer and lending of the means of access due to the criminal investigation of the transfer of the means of access in the same manner as the instant crime. However, the Defendant committed the instant crime.

Furthermore, the means of access leased by the accused is actually used for other crimes, and the responsibility for such crimes is not less complicated.

On the other hand, it is against the defendant's wrong recognition, and there is no profit from the crime of this case.

There is no record that the defendant has been punished for the same crime.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.