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(영문) 서울남부지방법원 2020.04.22 2020고정313
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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, around October 17, 2019, the Defendant, at a post office located in Yangcheon-gu Seoul Metropolitan Government New Month, sought an explanation from a person who has no name but to create a head of a Maspbook up to the limit of KRW 20 million, “to send a Masp Card to create a transaction performance.” The Defendant sent a Masp Card connected to the Defendant’s B Bank Account (C) by using the Masp Card connected to the Defendant’s B Bank Account (C), to the person who has no name.

Accordingly, the defendant provided a means of access in return for the expectation interest that the defendant can receive a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes on correspondence data to financial institutions;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is highly adverse to society by not only undermining the security and reliability of electronic financial transactions, but also by abusing the means of access to various kinds of illegal acts, such as financial fraud.

The means of access lent by the defendant was used in actual financial fraud crimes.

However, there are favorable circumstances such as that the defendant recognizes and reflects the crime.

The sentencing prescribed in Article 51 of the Criminal Act, such as the above-mentioned and poor circumstances, the age, character and conduct, the environment, and the circumstances after the crime, shall be determined as per the order.

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