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(영문) 광주지방법원 2019.06.21 2019고단859
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access used in electronic financial transactions, borrow or lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive any consideration.

Nevertheless, on January 1, 2019, the Defendant listened to the statement that “I will use only 30,000 won if I lend the passbook, and will not use it illegally. I will not use it in an illegal place.” On January 18, 2019, the Defendant issued a physical card linked to the Defendant’s name B passbook (Account Number C) to the 6665-ro 1,000,000,000,000,000,000,000 won.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on account transactions and reply materials for transactions;

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. On the ground of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of lending the means of access in this case cannot be deemed to be less restrictive to the degree of crime as an essential means to achieve the purpose of the crime of Bosing fraud, and the fact that the means of access leased by the Defendant was actually used for Bosing fraud, and the fraud was damaged is disadvantageous to the Defendant.

However, considering favorable circumstances, such as the fact that the defendant repents and reflects the defendant's mistake, the fact that there is no profit from actual acquisition, and the first offender who has no criminal record, the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the conditions of sentencing as shown in the records and arguments of this case,

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