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(영문) 서울남부지방법원 2020.01.22 2019고단5639
전자금융거래법위반
Text

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

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

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 June 24, 2019, the Defendant received a proposal from a person who has no personal name to send a physical card and password to secure a low interest rate of loan transaction performance. On the same day, around 15:00 of the same day, the Defendant promised to provide the payment by delivering the physical card and one password connected to the bank account (Account Number: E) in the name of the Defendant in front of the C Broadcasting Station’s name in Yangcheon-gu Seoul Metropolitan Government, and lent the means of access to electronic financial transactions by using Kwikset Service to the person who has no personal name.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F;

1. Application of two Acts and subordinate statutes to a specification of transactions and a certificate of account transfer;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is a crime that has a substantial ripple effect on the grounds that it can be used for such crimes as tax evasion, gambling, and scaming.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The defendant reflects a crime.

Although the Cze Card was lent for the purpose of lending, it seems that there is no benefit acquired from the crime of this case because it was not loaned.

There is no record of criminal punishment, which is sentenced to two times a fine for another crime.

As above, the arguments and records in this case, such as the defendant's unexpected circumstances and other ages, character and conduct, motive and background of the crime, means and consequence, and the circumstances after the crime.

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