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(영문) 서울남부지방법원 2019.01.16 2018고단5894
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall commit any act of lending any means of access while promising to use and manage the means of access.

Nevertheless, on October 9, 2018, the Defendant: (a) received a proposal from a person in bad name, stating, “When he/she lends a e-mail card for tax reduction, he/she will give KRW 3 million, and KRW 8 million,000,000,000,000,000”; and (b) accepted it on October 18, 2018, the Defendant sent e-mail card to a person in bad name through Kwikset Service, which is respectively connected to the Cbank account (D) and E-bank account in the name of the Defendant in front of Seongbuk-gu Seoul, Seongbuk-gu Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written petition for the G production;

1. Transfer certificate;

1. Inquiries into customer personal information;

1. Details of transactions;

1. Application of the Acts and subordinate statutes on H course photographs;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is not likely to be committed by leasing the means of access that can be used in the so-called Bophishing crime or Internet fraud crime.

In that the means of access, such as the physical card that the defendant lent, actually used for the crime of fraud, causes monetary damage to the victim, it cannot be deemed that the case is light.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The above circumstances and the details of the Defendant’s commission of the instant crime, methods and contents thereof, circumstances after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, character and conduct, and environment, shall be determined as per Disposition.

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