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(영문) 청주지방법원 2019.09.25 2019고단1175

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on June 2018, the Defendant received a proposal from a person who was not the deceased on his name, and consented to the offer that “The Defendant will have a loan by accumulating transaction performance by repeating the check money,” and then, at that time, delivered the physical card card, one and password, etc. connected to the Defendant’s account under the name of the Defendant, to the deceased on his name through the Kwikset service article.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 26,28);

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. Amount of a fine not exceeding 50,000 won to twenty million won in the scope of a punishment by law; and

2. In extenuating circumstances where a fine of 2 million won is imposed: The means of access, as in this case, leased is likely to be abused for the crime, has great social harm, and the means of access is actually used for the crime: the circumstances where the defendant appears to be against this case shall be determined as per Disposition by comprehensively taking into account the defendant’s age, character and behavior, environment, motive for the crime, means and result, etc.