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(영문) 서울서부지방법원 2019.06.10 2019고단1098
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising any compensation.

Nevertheless, around December 18, 2018, the Defendant: (a) promised that he would lend a e-mail card to a e-mail account (E) in the vicinity of the Mapo-gu Seoul Metropolitan Government B Elementary School; (b) provided that the Defendant would give 2.5 million won if he/she lends the e-mail card to the e-mail account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F Statements;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the physical card leased by the Defendant was actually used for the crime of fraud; and (b) the Defendant was relatively weak to recognize the illegality of the Defendant; and (c) the Defendant recognized and reflects the instant crime; and (d) other circumstances, such as the Defendant’s age, character and conduct, career, home environment, motive for the crime, and circumstances after the crime, etc.

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