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(영문) 서울서부지방법원 2019.04.26 2019고단185
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant received text messages from a person who was in the name of the deceased in the name of the defendant to the effect that he would pay a total of 1.5 million won per day on a three-day loan from a person who was in the name of the deceased in the name of the defendant, and consented to the text messages. On April 19, 2018, around 13:00, the Defendant issued a physical card connected to the D Bank Account in the name of the defendant at the C Office located in Eunpyeong-gu Seoul Metropolitan Government (Account Number: E) and notified him of the password by telephone.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes concerning details of transactions;

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. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of transferring or lending the means of access is against the good condition: The necessity of punishment is great because it infringes on the credibility of electronic financial transactions and facilitates other crimes; the means of access provided by the defendant is actually used for the crime; the amount of money transferred to the defendant's account is automatically transferred to the defendant's credit card payment; and the defendant gains by automatically transferring 500,000 won out of the amount of fraudulent damage transferred to the defendant's account; and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence,

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