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(영문) 의정부지방법원 고양지원 2019.03.28 2019고단15
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 the means of access, no one shall be allowed to borrow or lend the means of access while receiving, demanding or promising any compensation unless otherwise provided for in other Acts.

Nevertheless, on September 12, 2018, the Defendant received a proposal that “I will offer an account, use the account for three days, and offer KRW 2,500,000,000 after lending the account.” On or around October 4, 2018, the Defendant lent the means of access to electronic financial transactions by means of using one copy of the physical card connected to the D Bank Account (E) in the name of the Defendant in the name of the Defendant in order to deliver it to the F message.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Results of the immediate transfer processing conducted by users, details ofF dialogues, and application of Acts and subordinate statutes to the details of transfer;

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. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access that he/she leased can be used for the crime, the promise to pay the means of access is provided and the fact that the means of access that the defendant transferred is used for the crime of licensing is disadvantageous to the defendant.

However, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment exceeding the fine, etc. shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.

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