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(영문) 의정부지방법원 2020.10.08 2020고단2558

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 lend the means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, at around 10:00 on November 18, 2019, the Defendant loaned 6 million won at a time from a person who has no name, to a third party, for three days, he/she would give KRW 3 million in consideration of the above lending, and at the D convenience store located in Section B C of the Namyang-si, the Defendant sent the box containing a physical card connected to the E bank account (F) in the name of the Defendant, a means of access, to the above convenience store and delivered it to the person who has failed to perform his/her name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared;

1. Application of replies to requests for financial transaction information, cifies and financial transaction statements, personal financial transaction statements, and reply statutes to financial transaction information;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order leases one check card connected to one’s bank account to a person whose identity could not be known upon receiving the promise to pay the price. The means of access provided in such a method is disadvantageous to the defendant, such as the fact that the crime is not less weak because there is a high risk of abuse for the crime, such as Bosing against many and unspecified persons, and that the above physical card was used for the crime, and the damage of property amounting to KRW 12.5 million actually occurs.

However, there are favorable circumstances, such as the fact that the defendant recognizes and reflects the crime of this case, the fact that there is no profit from the crime, and the fact that there is no record of criminal punishment.