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(영문) 서울남부지방법원 2019.07.25 2019고단2422
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around March 18, 2019, the Defendant was urged to the effect that “the Defendant would lend the e-mail card to KRW 5 million on three days if he/she lends the e-mail card,” and on the same day, at C convenience stores located near the Guro-gu Seoul Metropolitan City B Park, he/she issued a e-mail card connected to the e-mail card’s new bank account (D) in the name of the Defendant and sent the password of the e-mail.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, circumstances leading to the Defendant’s commission of the crime, circumstances before and after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and criminal records, the punishment

D. Unfavorable circumstances: The act of lending means of access needs to be strictly punished because it is often used as a means of other crimes, such as gambling and painting, and the actual circumstances that the means of access leased by the defendant has been used for the crime of Bosing: The fact that the defendant is recognized as committing the crime, and that there is no same criminal power.

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