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(영문) 서울남부지방법원 2020.01.07 2019고단5240
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, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, around February 20, 2019, the Defendant: (a) received a proposal from a nameless person who misrepresented as an employee of a liquor distributor, that “it is necessary to receive the payment of alcoholic beverages as a result of a tax problem arising in the liquor distribution business; (b) if he/she borrowed a ck card, he/she would pay 1,80,000 won in a rental fee for three days per day; and (c) accepted it on February 21, 2019, at the entrance of the Gangnam-gu Seoul Metropolitan City C hotel, he/she sent two copies of the ck card each connected to the d bank account (E, F) in the name of the Defendant to the d bank account in the name of the Defendant and notified the password.

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Account transaction information;

1. Application of the B Acts and subordinate statutes on dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime that is highly likely to be used for such crimes as tax evasion, gambling, and scam.

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

However, the sentencing conditions indicated in the records, such as the fact that the defendant did not obtain profits from the crime of this case, the absence of the same criminal records, and the number of means of access leased, shall be determined as ordered.

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