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(영문) 서울남부지방법원 2020.01.15 2019고단4126
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

The Defendant, upon receiving a proposal from a person in bad name, proposed that he/she would give a total of KRW 2,40,000 per day when he/she lends one account. On March 19, 2019, at the C office located in Songpa-gu Seoul Metropolitan Government, he/she sent one physical card connected to the D Association (E) account in the name of the Defendant to the person in bad name and lent the means of access by informing the person in bad name of the password.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Return of financial transaction information (No. 4);

1. Application of G message statutes

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 this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly adverse to society by not only undermining the security and reliability of electronic financial transactions, but also by abusing the means of access to various kinds of illegal acts, such as financial fraud.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

However, there are favorable circumstances, such as the fact that the defendant recognizes and reflects the crime, and that there is no same kind of criminal power.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above-mentioned and poor circumstances, the age, character and conduct, the environment, and the circumstances after the crime, shall be determined as per the order.

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