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(영문) 대전지방법원 2020.04.02 2019고정1226
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Criminal facts

No one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

On February 25, 2019, the Defendant: (a) received a proposal from a person who has no personal name to return a e-mail card on the day following the transfer of e-mail card; and (b) made him/her work as a e-mail manager; (c) sent a e-mail card connected to the account in the name of the Defendant to a e-mail bank (C); (d) sent the e-mail card to a e-mail bank account in the name of the Defendant; and (e) verbally notified the account password.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the financial data reply (D) and the financial data reply (E);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances favorable to the defendant, such as the fact that the defendant has lived without any other criminal records, and that there is no profit acquired by the crime of this case.

However, the crime of this case is the basis of the crime of Bosing, which requires strict punishment, and there are circumstances unfavorable to the defendant, such as the occurrence of the victims of Bosing due to the crime of this case, and other circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., shall be determined as ordered by comprehensively taking into account all the circumstances revealed in the records and arguments.

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