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(영문) 서울남부지방법원 2020.03.18 2020고정81

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 a means of access, no one shall 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 18, 2019, the Defendant received a proposal from a person who has no name, stating that “I would give a loan if you send a passbook number and card.” On the same day, at the convenience store of the first floor of the Geumcheon-gu Seoul Metropolitan Government building B, the Defendant promised to lend the means of access to electronic financial transactions by using Kwikset’s service to deliver a check card and a password connected to the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to search, seizure, verification warrant and reply warrant;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the defendant as a crime, the first offender is the defendant, and the defendant appears to have committed a crime because he was at the end of a person who was not the name that the defendant would prejudice the loan, and there is no actual benefit.

However, since the act of lending the means of access is used as a means of crime, such as fraud, it is necessary to strictly punish it. Considering the fact that the means of access in the name of the defendant was actually used for the actual crime of fraud, and other various sentencing conditions such as the defendant's age, character and conduct, environment, balance in sentencing with similar cases, the amount of fine for summary order cannot be deemed excessive, and there is no change in circumstances that need to be reduced otherwise