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(영문) 서울서부지방법원 2019.08.28 2019고단1740

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

On January 2019, the Defendant accepted a proposal to the effect that “I will loan if I send a check card and password for interest payment, repayment of principal, etc.,” by reporting the advertising letters that I wish to loan to a police officer, and contact the person with him/her on his/her name, and then accept it for the same month.

4. At around 18:00, the Defendant’s office located in Mapo-gu Seoul Mapo-gu BBD C sent the physical card and password, which is a means of access connected to the Defendant’s bank account (E) under the Defendant’s name, to the Nonindicted Party via a door-to-door engineer.

In this respect, the defendant paid the means of access to his name in return for the intangible expected interest of future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the electronic financial remittance certificate statutes;

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 arises when the means of access leased by the defendant was used for the crime of Bophishing fraud, the degree of recognition of illegality, and the degree of recognition of illegality. However, the defendant's time of committing the instant crime, and other circumstances, including the defendant's age, character and behavior, career, motive for committing the instant crime, and circumstances after committing the instant crime, such as the sentence, shall be determined in full consideration