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(영문) 수원지방법원 성남지원 2019.09.18 2019고정437
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 while demanding, demanding or promising compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, around 14:00 on February 6, 2018, the Defendant promised to receive KRW 2.5 million per account in return for lending the account in front of Sungnam-si, Sungnam-si B, and provided two physical cards connected to the account in de facto de facto marital relationship with Kwikset Service to de facto in favor of his name-oriented persons using Kwikset Service, and provided the means of access to receive the payment by notifying the password to Embrate.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the results of transfer, inquiry of customer information, and details of financial 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 imprisonment with prison labor chosen;

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

1. The crime of this case committed at a disadvantage of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order provides a means of access for electronic financial transactions by promising the Defendant to respond to the proposal of a person without a name that “to lend a fee to an account necessary for the operation of the illegal soil site.” This act is not only likely to undermine the security and reliability of electronic financial transactions, thereby impairing the quality of the crime, but also is also widely abused as a means of other crimes.

The means of access that the Defendant leased as the instant crime was actually used for the crime of telephone financial fraud (Sphishing fraud) and the victim was damaged.

The defendant has deposited KRW 5 million in the national bank account in the name of the national bank account in the criminal facts stated in the judgment related to the means of access that was leased.

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