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(영문) 춘천지방법원 속초지원 2020.05.13 2019고단251
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one shall lend the means of access while promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, upon receiving a proposal from his name-free person to the effect that “The Defendant will use the check card for three days and pay KRW 500,000 per account.” On May 8, 2018, the Defendant sent the check card to his name-free persons by inserting two copies connected to the post office account (C) and the community credit cooperative account (D) in the name of the Defendant at the Seocho-si Office B located at the Seocho-si around May 8, 2018, and sent it to the name-free persons through the house. The password connected to each of the above accounts was known through the Kakao Stockholm.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on transactions, such as the statement by the police against E, the certificate of request for another remittance, text, search and seizure warrant and reply, etc.;

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

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. The act of lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it can be used as a tool for committing a crime, such as licensing, etc. The means of access leased by the Defendant was actually used for the crime of Bosing fraud.

However, the defendant's mistake is recognized, and the defendant has no same criminal records.

In addition, the sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the circumstances of the crime in this case.

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