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(영문) 부산지방법원서부지원 2020.09.03 2020고단1097
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation in using or managing the means of access.

Nevertheless, around August 2019, the Defendant sent a e-mail card, which is an access medium, to loan KRW 20 million from a nameless person if the Defendant informed him of the account number necessary for the use of the password and the e-mail card. The principal and interest shall be automatically transferred from the above e-mail card. The principal and interest shall be automatically transferred from the above e-mail card.) and through Kwikset service article, one copy of the e-mail card connected to the Cbank account in the name of the Defendant was sent to the nameless person and the identification number and the account number of the e-mail card was notified by text messages.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act (wholly amended by Act No. 17297 of May 19, 2020) concerning criminal facts applicable to the defendant's legal statement E, investigation report (verification of place of issuing a physical card) on a request for provision of financial transaction information, and the selection of fines under Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the act of lending the means of access, like the instant crime, is highly likely to be used for the crime, such as Bosing, etc., and the actual crime is highly harmful to society. It is acknowledged that the means of access leased by the Defendant was used for the crime of fraud, but the damage was inflicted. However, the Defendant is the primary offender, and the Defendant has shown an attitude to recognize and reflect the crime, and all the arguments in this case, such as the Defendant’s age, character and behavior, environment, means and consequence of the crime, and

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