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(영문) 서울남부지방법원 2019.11.27 2019고단4128
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

No person shall borrow or lend a means of access while demanding, demanding or promising compensation.

On April 13, 2018, the Defendant received a proposal from a person who has no name at the vicinity of the new forest basin, Guro-gu Seoul, Seoul, to the effect that “to pay for KRW 1,500,000 won per day if the head of the Tong is lent for three days due to business performance, 50,000 won per day,” and accepted it, and then sent a letter of the physical card connected to the national bank account (B) in the name of the Defendant, namely, to the person who has no name at the above seat, and notified the account number and password to the person who has no name.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. Application of deposit certificates and financial transaction details Acts and subordinate statutes;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The act of lending the means of access is a crime that has a substantial ripple effect on the grounds that it can be used for such crimes as tax evasion, gambling, and scaming.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The defendant is recognized to commit a crime in favor of him.

There seems to be no benefit acquired from the crime of this case.

There is no record of criminal punishment or a fine exceeding that of the same crime.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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