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(영문) 광주지방법원 2020.08.27 2020고단2893

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 the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around December 18, 2019, the Defendant: (a) opened a securities account on the premise of having received a loan; (b) opened a transaction performance on the premise that it would have deposited the relevant account; and (c) obtained a loan, and then sent a physical card that would have been possible to obtain a loan; and (d) consented thereto on December 19, 2019, the Defendant received a proposal and sent a physical card that was linked with the new financial investment account in the name of the Defendant to the non-member; and (b) notified the password of the above physical card to the Kakao Stockholm at the bar, a place designated by the above non-member of the name cards, and then sent it to the non-member of the name card.

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. C’s statement;

1. Application of reply statutes to the details of account transactions and specifications of transactions, the current status of information on accounts, details of account transactions, and the certificates of search, seizure and verification of messages of Kakao Stockholm;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine; and

2. The crime of this case, which is determined to be sentenced, is likely to undermine the safety and reliability of electronic financial transactions, and thus, the nature of the crime is not weak. However, the defendant recognized the crime of this case and reflects the criminal act of this case, there is no benefit acquired by the defendant due to this case, the defendant actively cooperated with investigation, and the defendant.