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서울중앙지방법원 2019.02.20 2018고단824
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 18, 2017, at the point of convenience store C located in Busan-gu, Busan-gu, that the Defendant would lend 600,000 won per day from a person with no name, and the Defendant issued the e-mail card connected to the D Bank Account (E) under the name of the Defendant, and lent it to the person with no name, using convenience store distribution service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes concerning specification of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as to the act of lending the means of access for electronic financial transactions to impair the safety and reliability of electronic financial transactions and to be used as a means of other crimes. The actual means of access leased by the defendant is used to commit fraud, the fact that the defendant was punished as a similar act, the fact that the defendant did not appear on the date of notification, and that he did not comply with summons, etc., are disadvantageous to the defendant. The fact that there was no other criminal record except two times of fines, and that there was no benefit from the instant case, shall be considered as favorable to the defendant, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the age, character and conduct, environment, and circumstances leading to the