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(영문) 서울서부지방법원 2020.05.06 2020고단521

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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, the Defendant listened to the statement that “the maximum amount of 5 million won is to be refunded at a low interest rate of 3%, and if you send the physical card, it would repeatedly create the transaction performance by sending the transaction performance.” On October 23, 2019, the Defendant issued the physical card, the means of access to the one bank account (D) in the name of the Defendant in Seocho-gu Seoul Seocho-gu, Seoul, with Kwikkset Service, to the non-resident, and notified the password of the physical card by telephone.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement and the interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to the detailed statement on deposit transactions of the damaged amount and the Kakao Stockholm dialogue;

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 62(1) of the Act on the Suspension of Execution is that the means of access leased by the Defendant was used in the singing crime, and that the Defendant did not have any previous record of being punished three times by a fine not later than 2003, and that the Defendant also sustained considerable monetary damage due to the singing crime related to the means of access in this case, and that the Defendant appears to have a attitude to repent and reflect the mistakes in favor of others.

The sentencing conditions shown in the arguments of this case, such as the age, character and behavior, career, details and motive of the crime, degree of assault, circumstances after the crime, possibility of recidivism, etc.