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(영문) 서울남부지방법원 2020.04.22 2020고단607
전자금융거래법위반
Text

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

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

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 December 9, 2019, the Defendant heard the statement to the effect that “The Defendant would lend a cream card to be used for entering and leaving a liquor company” from a person with no personal name, and that “The Defendant would give KRW 3 million on a face to a face,” and around the Defendant’s residence in Geumcheon-gu Seoul Metropolitan Government, Kwikwikset Service Articles, through Kwikset Service Articles, issued a physical card connected to the Defendant’s new bank account in the name of the Defendant, and sent the above cream card to the person with no personal name to the person with no personal name.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of personal financial transactions, and application of the Acts and subordinate statutes governing the details of financial transactions;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act unfavorable to the defendant: The act of lending the means of access is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.; circumstances favorable to the defendant's actual use of the check card for fraud: The defendant is against himself; there is no profit acquired through the crime of this case; there is no profit acquired by the crime of this case; and the defendant is a primary offender who has no record of criminal punishment. As above, the defendant is determined as the sentence by taking into account all the circumstances such as the defendant's poor circumstances and the age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.

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