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(영문) 의정부지방법원 2019.01.09 2018고단2860
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access in exchange for any request or promise to receive, request or promise any compensation therefor.

On April 24, 2018, the Defendant: (a) received text messages from “B that assumes an employee of a liquor company under the name of the Defendant and requires a tax account as a tax issue; (b) used the account for three days; and (c) contacted a person under the name of the Defendant via “C,” a social relationship network service (SNS); and (d) opened an account under the name of the Defendant at the front of Seocho-gu Seoul Metropolitan Government D (Account NumberF) around April 25, 2018; and (b) promised to receive the price for the name in return through Kwikset’s service.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning G;

1. The list of currencies and the contents of text dialogues;

1. Application of the transfer certificate or the E Bank Response Data Acts and subordinate statutes;

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 act of lending the means of access on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict consideration, given that the means of access is often used for fraudulent crimes, such as scam, etc.

The Defendant’s Cze Card was also used for Bosing crimes.

However, the Defendant appears to have committed a crime by receiving mobile phone text messages, taking into account such circumstances.

There is no same criminal history for the defendant.

There is no profit acquired by the defendant due to the crime of this case.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime of this case, means and result, circumstances before and after the crime, and other arguments of this case.

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