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(영문) 서울남부지방법원 2020.05.27 2020고정746
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 a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, the Defendant, on November 19, 2019, issued a proposal to the effect that “if the Defendant wishes to obtain a loan because it is possible to change the cMA account into the cMA account, the Defendant would make a loan to the cMA account.” On the same day, at around 19:30 of the same day, he sent the c check card connected to the cV account in the name of the Defendant at the cV located in Gangseo-gu Seoul Metropolitan Government, to the cMA account in the cMA, and notified the above cV card’s password to the cV account in the name of the Defendant.

As a result, the Defendant promised to receive intangible expected gains from future loans, and lent the means of access to a person who is named in the name of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the written provision of financial transaction information;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, character and conduct, environment, criminal records, balance between sentencing and similar cases, shall be determined as ordered by taking into account the following circumstances.

Since the act of lending the means of access is used as a means of crime, such as scam, its harmful effects are serious, it is not good to commit a crime.

A. The means of access under the Defendant’s name was used for the actual crime of fraud, and multiple decent victims occurred.

In this regard, the Defendant’s existence of the lending company or the consulting staff is specified on the ground that money is paid.

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