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(영문) 서울남부지방법원 2019.09.04 2019고정989
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

Around October 10, 2018, the Defendant received a text message from the Nonscopian to the effect that “The Defendant would give KRW 2.4 million per day to 80,000,000,000 per day if the account is lent for three days” from the Nonscopian, and the Defendant sent a physical card linked to the D bank account (Account Number E) under the name of the Defendant to the Nonscopian and sent the password to the Nonscopian, and then lent the means of access for a fee by informing the password as text messages.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Involving transfer results (AD Accounts);

1. Application of Acts and subordinate statutes to investigation report (the result of execution of a warrant for search, seizure and verification of DNA banks);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized as erroneous by the defendant, and there are no criminal records of the same kind of crime, and the fact that the defendant seems to have no actual profit.

However, in that the act of lending the means of access is used as a means of crime, such as fraud, it is necessary to strictly punish the harmful effect, and there is no change in circumstances that should be reduced differently, considering the following factors: the means of access in the name of the defendant was used for actual fraud; the defendant has been subject to criminal punishment several times as a crime; the defendant's age, character and behavior, environment, motive and circumstance of the crime in this case, balance in sentencing with similar cases, etc.

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