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(영문) 의정부지방법원 고양지원 2019.01.17 2018고단2672
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one shall be allowed to borrow or lend the means of access while receiving, demanding or promising any compensation unless otherwise provided for in other Acts.

Nevertheless, on March 17, 2018, the Defendant received a text message from a person who has no personal name, stating that “The Defendant will offer an account, use the account for one week, and offer 6 million won after lending the account.” In response, around the 18th of the same month, the Defendant sent a physical card (D) connected to the Defendant’s bank account under the name of the Defendant to a person who has no personal name, using Kwikset’s service, and provided a loan of the means of access to electronic financial transactions by promising to notify E of the password.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access leased can be used for the crime, but the defendant has promised to pay and lent the means of access, and the fact that the means of access leased by the defendant has been used for the crime of

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

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.

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