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(영문) 수원지방법원 여주지원 2019.05.24 2019고단283
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising the payment.

Nevertheless, around October 15, 2018, the Defendant heard the horses that “I would make a loan. In order to raise credit rating, I would like to know the account number, password, and the authorized certificate password, etc., which are necessary to have a transaction record,” and accordingly, notified the nameless person in the name of the Defendant by telephone and B, the account number and password, the authorized certificate identification number, the Defendant’s date of birth, the certification number transmitted to the Defendant’s mobile phone, the Defendant’s OTP number transmitted to the Defendant’s OTP.

Accordingly, the Defendant lent the means of access while receiving, demanding or promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on statement to E;

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

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

1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, consideration shall be given to the Defendant’s use of the means of access for the crime of Bosing, under favorable circumstances, given that the Defendant’s use of the means of access for the crime of Bosing is limited to time and reflects, and there is no record of punishment other than the punishment of a fine once due to the crime of this type around 2004, part of the money was transferred to the victim of the crime of Bosing in the passbook, and that the Defendant paid additional money

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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