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(영문) 서울서부지방법원 2019.06.27 2018고단4244
전자금융거래법위반
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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 promise to provide compensation, unless otherwise specifically provided for in any other Act, to lend the means of access.

Nevertheless, at around 09:55 on September 19, 2018, the Defendant received the word “Irn't have to do so. I will be 3 million won at the time of receipt of one passbook which he/she has received.” On September 19, 2018, the Defendant contacted the above person under his/her name and consented to the proposal. On October 15:22, 2018, the Defendant sent ckset Card connected to the bank account under his/her name in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the above person under his/her name through Kwikset Service.

Accordingly, the defendant committed an act of lending the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of remittance certificate, warrant of search and seizure, correspondence data, and statutes concerning dialogue;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act do not have any record of being punished, confession and reflects, while the lending card was actually used for the crime of scaming (damage amounting to KRW 6 million) and it appears that the damage recovery was lost, on the other hand, the punishment is determined as ordered by the order, taking into account the Defendant’s age, character and conduct, the details of the crime, circumstances after the crime, and profits from the acquisition (one million won) and all other sentencing conditions, including the Defendant’s age, character and conduct, and profits

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