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(영문) 서울남부지방법원 2019.01.22 2018고단6318
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on September 5, 2018, the Defendant received a text message from a person who was not the deceased's name, stating that "3 million won per account shall be given at least 1,00,000 won per week on the lease of bitco's financial transaction, and return it three days after accepting it, and around September 7, 2018, the Defendant sent a letter of bitco card connected to the Defendant's name bank account (D) in front of Gangseo-gu Seoul Metropolitan Government, to the Kwikset service engineer who sent the above name and notified the above account number and password to the person who was not the deceased's name by using the cell phone.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of account transfer; and

1. Application of Acts and subordinate statutes on response data by C Bank;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is that the means of access leased by the accused is actually used for the criminal act of licensing, and it is not good that the means of access leased by the accused can be used for the criminal act, but it is disadvantageous.

However, the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the accused's confession, and the fact that the means of access seems to have not been acquired the price for the lending, the primary offender's age, character and conduct, environment and circumstances after the crime, etc., and the records and trial of this case.

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