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(영문) 의정부지방법원 2019.05.31 2019고단1419
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, on December 3, 2018, the Defendant received a call from the Defendant, stating, “A check needs to be used for the reduction of and exemption from taxes. If a check is lent, 3-7 days and will be used for 800,000 won.” The same month.

4. At around 17:40, 17:40, Kwikset service article, whose name is unknown on the street prior to the gymmetric distance, sent a physical card connected to the B’s account under the name of the Defendant to the person in default of name.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the accused of the inspection;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the details of electronic financial transfer certificates, and deposit and withdrawal transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have committed the act of lending the physical card, which is the means of access of the defendant, and the account and the physical card can be used for singing, illegal sports gambling, etc. In the end, even if it was possible to recognize that the act was detrimental to the security and reliability of electronic financial transactions, the crime of this case is likely to be subject to criticism.

However, it is recognized that there are some favorable circumstances for the defendant, such as the confession of the crime of this case and the absence of the same criminal records. The age, character and behavior, environment, family relationship, motive for the crime, means and consequence of the crime.

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