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(영문) 서울중앙지방법원 2019.09.04 2019고정1509
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, around January 14, 2019, the Defendant called in Gangnam-gu Seoul building and in subparagraph c that “the Defendant would pay KRW 1 million in return for the lending of the card from the person who has not been named in name.” The Defendant appears to be a clerical error in the written indictment of a corporate bank in the name of the Defendant, which appears to be a clerical error in the “corporate bank”.

A physical card connected to the account (D) was issued to the above-mentioned person and then notified the password of the Kakao Stockholm.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E’s written petition;

1. Application of Acts and subordinate statutes on deposit receipt of damages;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense; selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access that the defendant lent seems to have been used for committing fraud.

However, there are extenuating circumstances, such as the fact that the Defendant would be deemed to have committed the instant crime by deceiving the Defendant, the fact that the Defendant appears to have been against the Defendant while recognizing the instant crime, and that the Defendant has no record of criminal punishment during that period.

In addition, the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant argument.

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