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(영문) 서울서부지방법원 2020.05.12 2019고단3503

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, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around June 15, 2018, the Defendant offered to the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government, with a promise that “on the basis of the Defendant’s personal infinite and “on the basis of the lending of 3 million won per 1 month, the Defendant would pay 3 million won per cinite card” to the Defendant’s account in the name of C bank (number : D), one check, which is a means of access connected to the account (number : E) and one check, which is a means of access connected to the account (number : E) and one check, which is a means of access connected to the F bank account (number : G).

As a result, the Defendant promised to pay for, lent three copies of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. H statements;

1. Details of mobile phone photographing photographs and Kakaooo dialogue;

1. Application of Acts and subordinate statutes on the details of enterprise bank accounts and the details of the F Bank account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since it is often used as a means of other crime, such as singing, etc. In addition, the deposit account connected to the means of access provided by the Defendant was actually used for singing and causing damage.

The defendant is recognized as committing a crime, and it is the first crime.

As above, the sentencing conditions revealed in the trial process of this case, such as the major conditions unfavorable or favorable to the defendant, and the age, character, conduct and environment of the defendant, shall be determined the same as the disposition.