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(영문) 수원지방법원 안양지원 2020.05.13 2020고정50
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, knowing that he/she is to be used in any electronic financial transaction, lend a means of access used in such electronic financial transaction.

Nevertheless, the Defendant received a proposal from a person who was unable to receive money from a company bank account in Seoul, which is located in the name of Gangnam-gu around February 2018, the Defendant sent the cash card and password connected to the company bank account in the name of the Defendant (Account Number (B) to the company bank account in Seoul, Gangnam-gu) around 10,000 won per day. The Defendant received a proposal from a person who was not entitled to receive money from the bank account, which is known to the bank upon entering the card. In addition, the Defendant sent the cash card and password connected to the company bank account (Account Number (B) that is located in the name of the Defendant.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on remittances and response data of corporate banks;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the provisional payment order is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime.

Unfavorable circumstances: The act of lending a means of access to another person is easy to commit various crimes, such as singing, and the liability for such crimes is not less minor.

The Defendant, knowing that the means of access was used in the crime, lent to a person who was unaware of his name, and the means of access was actually used in the crime of licensing.

A favorable circumstances: The defendant recognizes his/her mistake in committing a crime.

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