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(영문) 서울서부지방법원 2019.07.24 2019고단1046
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, on April 11, 2018, the Defendant, while driving a taxi, received a proposal from an unsatisf who used the name card and 100,000 won from the unsatisf who used the corporate document of (State)B to make the passbook and e-mail card instead of using the corporate document of (State)B. On the same day, the Defendant was issued a e-mail card, e-mail (OTP) which is a means of access connected to opening the d bank account (E)B at the diving point of the d bank located in Songpa-gu Seoul, and received the head of Tong, e-mail card, e-mail card, e-mail and 10,000 won in cash from the unsatfing station located in Songpa-gu Olympic.

Accordingly, the Defendant promised to pay for and delivered the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to certificates of remittance results, customer information inquiry table, details of entry and withdrawal, applications for new transactions, business registration certificates, certificates of seal imprint of corporations, proxy certificates, and resident registration certificates

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 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. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of the means of access for electronic financial transactions can be used as a means of other crimes. In fact, in this case, the means of access transferred by the defendant was used for crime.

However, it appears that the defendant has caused the crime of this case according to the proposal of a person who has no same power and has recognized his mistake, and the defendant seems to have caused the crime of this case in accordance with the proposal of the person who has not contributed to lending, and the age, character, environment, and motive and consequence of the crime of this case.

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