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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2310
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around January 4, 2018, the Defendant received a proposal from a person who was named in his/her name, stating that “If he/she lends a physical card to make an investment in stocks on the Internet access, he/she will pay a few percent of the investment profits of the stocks as a commission,” and accepted the proposal, and sent the physical card and security card connected with the bank account (D) in the name of the Defendant using Kwikset Service, and notified the account number and password to the person who was named in his/her name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of the Cbank reply, the F reply, each G reply, and H reply Acts and subordinate 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, where an electronic financial transaction is leased, the safety and reliability of the electronic financial transaction may not be undermined, but may be abused for other crimes such as Bosing, etc. Therefore, it is necessary to strictly punish the means of access. In fact, the fact that the means of access leased by the Defendant was used for the crimes of Bosing is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the defendant seems to have no profit acquired by the crime of this case, and the defendant has no power to be punished for the same kind of crime prior to the instant case.

In addition, this case's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc.

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