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의정부지방법원 고양지원 2019.03.28 2018고단2770
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall, while promising to receive compensation, lend the means of access under the Electronic Financial Transactions Act to any third person.

Nevertheless, at around 14:00 on May 21, 2018, the Defendant received a proposal from C office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and 2.4 million won if he/she lends his/her physical card to three days, he/she shall be paid 2.4 million won if he/she lends his/her physical card to the Defendant’s account, the means of access.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning electronic financial transfer certificates or terms and conditions of account lease advertisement;

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. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access that he/she leased can be used for the crime, the promise to pay the means of access is provided and the fact that the means of access that the defendant transferred is used for the crime of lending fraud is disadvantageous

In 2014, the Defendant has been subject to suspension of indictment for violating the Electronic Financial Transactions Act.

However, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment exceeding the fine, etc. shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.