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(영문) 수원지방법원 안양지원 2019.06.25 2019고단705
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

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, the Defendant, upon receiving a proposal from a name-free person to “to lend KRW 30,00,000,000 from the transaction performance by piling up the transaction performance,” and accepted it. On January 25, 2019, the Defendant sent the means of access to financial institutions by sending the e-mail card and password connected to the bank account (B) in the name of the Defendant to the name-free person from the inside-dong post office located in the Manyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as Bosing, etc., so it is necessary to severely punish the social harm. In fact, the means of access leased by the Defendant was used for other crimes.

On the other hand, the defendant acknowledges and reflects the wrong, and there is no history of criminal punishment.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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