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(영문) 대전지방법원 2020.01.20 2019고정1008
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 engage in any act of lending any means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

On May 24, 2019, the Defendant: (a) received a proposal that “if sending a physical card, I would like to get loans by accumulating transaction performance; and (b) sent the physical card and password connected to the account of the Defendant in the name of Sejong Special Self-Governing City, at the front of Sejong Special Self-Governing City, at around 13:00, through Kwikset Service.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on transfer data and D data;

1. Relevant laws concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

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

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as lending of the means of access for electronic financial transactions can be used as means of other crimes, such as scam, etc.

In fact, the means of access lent by the defendant was used for the crime of Bophishing, resulting in the victim.

However, the defendant did not gain profit from the crime of this case.

The defendant recognizes his wrong and reflects his wrong.

The defendant is the first offender.

The sentence is determined as ordered by taking into account all the sentencing conditions shown in pleadings, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, including equity with the punishment precedent of the same similar case.

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