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(영문) 수원지방법원 안양지원 2019.10.25 2019고단1607

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 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.

Nevertheless, on January 23, 2019, the Defendant sent a physical card connected to the account under the name of the Defendant through Kwikset Service, and sent a password to E, with the content that “C,” in front of the Kwikset-si, A, “C,” which is located at Am. B, provides that “When lending the necessary account for money exchange, KRW 80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, and0,00,000, etc.,

Accordingly, the Defendant loaned the means of access by demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Documents and written statements of G;

1. Investigation reports (verification of the reception account) and the application of statutes governing certificate of confirmation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the defendant's name was used for fraud.

However, the attitude of the defendant to recognize and reflect the wrongness of the defendant.

A person who has not committed any other criminal offense except for the previous offense of a fine and one time.

The punishment shall be determined as ordered in consideration of such circumstances, the circumstances leading to the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct, and the environment of the defendant.