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(영문) 대전지방법원 2020.02.17 2019고정1150
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

On May 8, 2019, the Defendant: (a) received a proposal from a person without a name (one-time “B”) to the effect that he/she would lend a physical card for the payment of principal and interest; and (b) accepted the proposal; (c) around May 9, 2019, at a post office located in the Dong-dong, Daejeon, Dong-gu, Daejeon, the Defendant sent a physical card and password connected to the new bank account (C) under the name of the Defendant to the person without a name, using his/her house line.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to detailed statements of deposit transactions and investigation reports (to attach documents submitted by a suspect in Kakao Stockholm text messages);

1. Relevant laws concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

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

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as lending of the means of access for electronic financial transactions can be used as means of other crimes, such as scam, etc.

The means of access leased by the defendant was used for the crime of Bosing.

However, the defendant did not gain profit from the crime of this case.

The defendant recognizes his wrong and reflects his wrong.

The defendant is the first offender.

The sentence is determined as ordered by taking into account all the sentencing conditions shown in pleadings, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, including equity with the punishment precedent of the same similar case.

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