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(영문) 의정부지방법원 고양지원 2019.01.31 2018고단3152

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 borrow or lend the means of access while receiving, demanding or promising any consideration, unless otherwise provided for in other Acts.

Nevertheless, on August 30, 2018, the Defendant received a proposal that “a person raises an account, and will offer KRW 6 million after using the account for three days if he/she lends the account.” On or around September 2, 2018, the Defendant loaned the means of access to electronic financial transactions by using a copy of the physical card connected to the DNA bank account (E) in the name of the Defendant at the "C Point" located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and promised to provide compensation through telephone.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of banking transactions and details of transactions by entering and withdrawing banks;

1. Application of the Acts and subordinate statutes on G dialogue;

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 crime of lending the means of electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment in that such means of access can be used for considerable social harm, such as singing, illegal gambling sites, lending fraud, etc.

In the instant case, the means of access leased by the Defendant was actually used for licensing crimes.

However, the Defendant recognized the instant crime and reflected his mistake.

The defendant seems to have no profit directly acquired through the crime of this case.

It is the first crime.

In addition, the records and arguments of this case, such as the background of the crime of this case, the number of means of access leased, the age, character and conduct, living environment, and the circumstances after the crime.