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(영문) 수원지방법원 2019.01.10 2018고정1782

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around July 3, 2018, the Defendant promised to receive 3 million won from a person who was unaware of his name in front of the post office located in Seongbuk-si, Sung-si, Sung-si, to receive a fee for 5 days per passbook from a person who was unaware of name, and then notified his account number and password to the person who was unaware of name through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on receipt for public use and details of transactions of admission and withdrawal;

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. In light of the favorable circumstances, the fact that the defendant recognized the crime and reflects the sentencing reason of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the fact that the defendant has no previous record of the same kind of crime, the suspension of his/her account that is the next day of the crime, thereby helping the recovery of damage, etc., the crime of distributing the means of access is highly likely to have social harm in that the means of access is used as the means of crime or the means of delivery of illegal Internet gambling funds, etc., and actually the defendant's account has been offered for the crime of Bosing, and the defendant transfers his/her check card even though he/she was aware that it will be used for the illegal purpose from the beginning, etc., the punishment as ordered by the order shall be determined by taking into account all the factors of sentencing such as