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(영문) 수원지방법원 안산지원 2020.01.16 2019고단2752
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, on April 1, 2019, the Defendant: (a) received a proposal from an Buddhist person who assumes the “B” at the French land (hereinafter “B”); (b) to provide for 0.5% of the profits from sports earth on a daily basis; and (c) to add KRW 50,000 to incentives if a profit of KRW 10 million is incurred; (d) issued an OTP card connected to the Defendant’s name bank account at the top-dong branch of an enterprise bank located in the Sinsan-si, Sinsan-si at around 14:00 on the same day; (c) notified the said Buddhist person of the password and the identification number of the above OTP card to D; and (d) at around 21:00 on the same day, the Defendant stored the above OTP card at the Seoul Southern-si bus Terminal located in Seocho-ro 292, Seocho-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the specifications of transactions by account and the details of DNA messages;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only impeding the stability of electronic financial transactions and trust, but also providing the means of other crimes, such as scaming, etc., and social harm is serious. The means of access actually transferred by the defendant is used for the crime of scaming, and the defendant has the record of being suspended from indictment due to the same kind of crime, etc., which are disadvantageous to the defendant.

However, the defendant recognizes the crime.

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