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(영문) 수원지방법원 안양지원 2020.05.08 2020고단204
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, during the period of Ansan-si on December 20, 2019, the Defendant received a proposal that “The head of the C office uses the physical card of another person for the purpose of reducing alcoholic beverages. When sending the current physical card, the Defendant would give KRW 3 million to 2,00,000,000 to 4 million.” On the other hand, the Defendant lent to the Kwikkset Service Articles who sent the unregistered winners a physical card connected to the Defendant’s bank account (Account Number E) and the F Bank account (Account Number G), one copy of the physical card connected to the Defendant’s D Bank account (Account Number E) respectively. The Defendant provided the means of access to the financial institution by informing the name unrecognist of the password of the identification number of each of the above accounts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The contents of the Kakao dialogue;

1. Application of Acts and subordinate statutes on account transactions;

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

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to twenty million won;

2. Application of the sentencing criteria: Non-application of the sentencing criteria as the criteria have been selected by a fine;

3. The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the circumstances and records below the sentencing decision.

Unfavorable circumstances: The act of lending a means of access to another person, such as the instant crime, is highly likely to be used as a means of other crimes, and thus there is a high risk of using the means of access as a means of other crimes, and the defendant agrees to receive four million won and lends the means of access: the defendant is against the law, and the defendant is punished.

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