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(영문) 광주지방법원순천지원 2020.10.21 2020고정216
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

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, around September 25, 2019, the Defendant received a proposal from a nameless person who assumes a false representation in Bbank C, and accepted it as “a loan of 20 million won or less to make a false transaction performance,” and then, around September 26, 2019, the Defendant issued a copy of the check card connected to Kwikset service provider’s account in the name of the Defendant to Kwikset service provider (F).

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police officer G;

1. Application of Acts and subordinate statutes, such as details of transactions and A account transactions;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the Act on Provisional Payment Order is the offense that is likely to abuse the means of access to another second offense and thus cause many and unspecified victims to gather. In fact, even in the instant case, the means of access leased by the Defendant was used for the crime of fraud

However, the circumstance that the defendant acknowledges the crime of this case and has no record of criminal punishment can be considered as a favorable sentencing factor.

In addition, all kinds of sentencing shown in the pleadings of the instant case, such as the motive and background leading up to the instant crime, circumstances after the instant crime, degree of perception of illegality, age, character and conduct of the Defendant, and criminal records.

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