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(영문) 전주지방법원 2020.04.29 2019고단1254

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall lend the means of access while promising to receive compensation unless otherwise specifically provided for in any other Act.

Nevertheless, the defendant lending 200,000 won per day in return for the lending of the physical card to the nameless person under the name of the defendant, on condition that he receives 200,000 won per day, and on February 25, 2019, "the facts charged on February 24, 2019" appears to be erroneous. A physical card connected to the D Association (E) account in the name of the defendant before the Kbank's gold point in Seo-gu Seoul Metropolitan City. A physical card connected to the D Association account in the name of the defendant was sent to the nameless person and notified the password.

Accordingly, the Defendant promised to receive compensation and lent the means of access used in electronic financial transactions.

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 receipts and details of financial transactions;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the reasons for sentencing: The circumstances that the means of access leased by the defendant was used for the scaming crime, the defendant could have known the illegality and risk of the act because of the power to receive the transfer of the means of access: There is no record of criminal punishment; it is against the fact that there is no record of criminal punishment; the defendant has no profit gained from the crime; the defendant does not have any profit gained from the crime; the health condition is not good;