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(영문) 서울서부지방법원 2019.05.08 2019고단755
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 30, 2018, the Defendant lent the physical card, which is a means of access connected to the B bank account (Account Number: C) under the name of the Defendant, for five days, and promised to receive 4 million won, and delivered the said physical card to the account holder using Kwikset Service on November 30, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police statements of the F;

1. Application of Acts and subordinate statutes of transfer confirmation certificate;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the accused was used for the fraud.

The punishment shall be determined as ordered in consideration of the circumstances, such as the fact that the defendant shows the attitude to recognize and reflect the mistake, the history and background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, etc.

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