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(영문) 서울남부지방법원 2019.05.09 2019고단675
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 the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on September 2018, the Defendant: (a) received a proposal from the police officer of the Republic of Korea to the effect that “if a bank account is transferred by means of a list of the list, the Defendant would give 100,000 won and incentives.” (b) received the proposal from the police officer of the Republic of Korea, and then accepted the proposal, and (c) delivered a physical card connected to the bank account (C) in the name of the Defendant on September 27, 2018, which was located in Gangnam-gu, Gangnam-gu, Seoul, Seoul. (c) around September 13:00, the Defendant sent the check card to the needy person in the vicinity of the bank account in

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, circumstances leading to the Defendant’s commission of the crime, circumstances before and after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, and criminal records, the punishment

D. Unfavorable circumstances: The act of lending means of access needs to be strictly punished because it is often used as a means of other crimes, such as gambling and painting, and the actual circumstances that the means of access leased by the defendant has been used for the crime of Bosing: The defendant recognizes and reflects the crime; the defendant seems to have no profit from the actual acquisition of the crime of this case; and there is no record of identical criminal power or criminal punishment.

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