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(영문) 서울남부지방법원 2019.05.14 2019고단370
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 the means of access to electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

The Defendant received text messages stating that “I will use 3 million won for the receipt of the passbook in writing,” from a person who was unaware of his name. On November 19, 2018, the Defendant sent each account number and passwords of Bbank account (C) and D Bank Account (E) under the name of the Defendant to F. On the first floor of G Office Gtel in Gangseo-gu Seoul, Seoul, and issued two physical card cards connected to each of the above accounts to Kwikset service article.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to screens, copies of bankbooks, and copies of e-mail cards after a full statement of financial transactions, closure of text messages, and closures;

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 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 on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

In fact, the means of access in the defendant's name was used to commit fraud by a person who was not the victim of his name.

There is no record of criminal punishment, which is against the defendant and subject to punishment of a fine once for other crimes.

The defendant did not have profit from the crime of this case.

In addition, the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present case and the records shall be determined as ordered.

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