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(영문) 서울중앙지방법원 2020.06.05 2020고정771
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 20, 2019, the Defendant, through text messages, received the proposal that “as a distributor, the Defendant is a tax-free company, and should pay KRW 2.4 million if he/she lends 30,000 to 30,000,000,000.” On February 21, 2019, the Defendant sent one check card, which is a means of access connected to the Defendant’s new account (C) in the name of the Defendant in Gwanak-gu Seoul Special Metropolitan City, through Kwikset Service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Written confirmation of the results of electronic financial transfer and details of deposit transactions;

1. Each written statement of D;

1. Financial transactions in the principal and each photograph;

1. Application of the Kakao Stockholm Act to the Act on Records;

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 sentencing criteria are not applied since the sentencing of Article 334(1) of the Criminal Procedure Act is sentenced to a fine for the reason of sentencing.

It is necessary to strictly punish the act of lending the means of access used in electronic financial transactions to assist other crimes such as singing frauds.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no criminal history for the same crime, the fact that the defendant repents his/her mistake, and other conditions of sentencing, such as the age, character and conduct of the defendant and the environment.

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