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(영문) 서울남부지방법원 2019.06.11 2019고단1220
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

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

Nevertheless, on January 8, 2019, the Defendant: (a) promised to receive KRW 2.4 million for the 3-day lending of the e-mail card from a person without a name who misrepresented “D company” E; (b) lent the e-mail card in connection with the e-mail’s account in the name of the Defendant to the e-mail-based business office located in “C” located in “C” in the name of the Defendant; (c) one e-mail card linked to the e-mail’s account in the name of the Defendant; and (d) one e-mail card linked to the e-mail’s account in the name of the Defendant; and (e) one e-mail card linked to the e-mail’s account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of suspect’s N messages);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 is serious as the act of facilitating the crime such as fraud and tax evasion is serious.

The means of access leased by the accused have reached three, and in fact two of the means of access in the name of the accused have been used for the crime of fraud by a person who has no name.

However, the arguments and records of this case, including the fact that the defendant was the first offender, and the defendant did not have any benefit acquired by the crime of this case, and the defendant's age, character and conduct, motive and background of the crime, means and consequence, circumstances after the crime, etc.

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