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(영문) 서울남부지방법원 2020.04.28 2019고단6634

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

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

Nevertheless, on August 18, 2019, the Defendant received a proposal to the effect that “it shall be paid in 100,000 won per day from a person who is not the nominal holder of his/her name,” and that “it shall be paid in 10,000 won per day from the lending of an account for tax reduction or exemption,” and on August 22, 2019, the Defendant issued a physical card connected to the Cbank (D) account in the name of the Defendant in the vicinity of the Defendant’s dwelling in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

As a result, the Defendant promised to receive compensation and lent the means of access to the above person.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, and H;

1. Transfer results and Kakao Stockholm details;

1. Application of the statutes on account details under the name of the defendant

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 act of lending a means of access used in electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as an act assisting another crime, such as the crime of Bosing fraud.

On the other hand, the sentencing conditions such as the family relation, age, character and conduct, environment, etc. of the defendant shall be determined as ordered in consideration of the fact that the defendant is the first offender and the mistake of the defendant is divided.