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(영문) 전주지방법원 2015.09.24 2015고단1170
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 a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 14:00 on April 7, 2015, the Defendant received text messages “C” from a person who is unable to know his or her personal information as seen earlier, and leased the means of access, using Kwikset services, by lending two cash cards connected to the passbook (Account Number D, Deposit Holder: Account Number E, Account Number E: Account Number: Deposit Holder) and Jeonbuk Bank (Deposit Holder): and promising to notify the above person of the password’s password.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement;

1. Application of Acts and subordinate statutes to a deposit statement, reply to a written request for financial transaction information, and reply to a seizure and verification warrant;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (not subject to sentencing guidelines) of the order of provisional payment is that lending of the means of electronic financial transactions may undermine the stability and reliability of electronic financial transactions and may be abused for other crimes such as singinginging fraud, and thus, it is necessary to strictly punish the means of access. In fact, there are unfavorable circumstances such as the fact that the victim of other crimes has occurred using the means

However, the defendant recognized the crime of this case and is pening in depth, there is no benefit that the defendant acquired by the crime of this case, and the defendant is punished as the same crime.

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