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(영문) 서울동부지방법원 2020.11.12 2020고단976

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

On October 4, 2019, in Seongdong-gu Seoul, the Defendant borrowed three-day c, on the condition that he receives one million won per 1 million won per check from a person who has no name, and sent three copies of the physical card to a person who has no name, respectively, connected with the Defendant’s name bank account (Account Number: D), one bank account (Account Number: E), and one bank account (Account Number:F), and one bank account of community credit cooperatives (Account Number:F), respectively, and sent three copies of the physical card to a person who has no name.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Application of Acts and subordinate statutes to report the results of the police investigation into the defendant's statement G;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act concerning criminal facts (amended by Act No. 17297 of May 19, 202)

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments, including the circumstances after the crime, etc.

The favorable circumstances: The crime of lending the means of access such as the instant crime is likely to be abused for other serious crimes, such as scam, etc., and the case needs to be punished for a significant and strict reason, and the Defendant is the first offender, and the Defendant is deemed to have failed to obtain benefits due to the instant crime.