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(영문) 서울남부지방법원 2019.01.09 2018고단5926
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 August 5, 2018, the Defendant accepted the proposal that “on the five-day deposit basis, one account will be paid in KRW 3 million” from the Buddhistist, and then delivered one check card linked to the Defendant’s name C Bank(D), E Bank(F), and G Bank(H) account to Kwikset service article, respectively, on August 7, 2018.

As a result, the Defendant promised to make compensation, and lent three copies of the Cze Card, a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A petition prepared by the I;

1. A list of transactions to be conducted between J-free deposits and withdrawal;

1. Details of the entry and withdrawal;

1. Application of the Acts and subordinate statutes of the K communications content;

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

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The crime of this case is not likely to be committed by leasing the means of access that can be used in the so-called Bophishing crime or Internet fraud crime.

In that the means of access, such as the physical card that the defendant lent, actually used for the crime of fraud, causes monetary damage to the victim, it cannot be deemed that the case is light.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The aforementioned circumstances and the process leading the Defendant to commit the instant crime, the method and content of the instant crime, the circumstances after the commission of the crime, and other circumstances, such as the Defendant’s age, character and conduct, and environment.

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