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(영문) 의정부지방법원 2019.09.05 2019고단521
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation in using or managing the means of access.

Nevertheless, on November 12, 2018, the Defendant accepted the proposal that “The account to be used for the revenue of alcoholic beverage companies is leased from a person who has not been registered,” and that “The Defendant would receive KRW 2.4 million per 3 days from a person who has not been registered,” and then sent to the person who has not been registered, the physical card Nos. 1 and 1 and password connected to a bank account in the name of the Defendant to Kwikset delivery.

Accordingly, the Defendant promised to pay compensation and lent the means of access to financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes concerning details of transactions, detailed statements of transactions, and account 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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed under the circumstances unfavorable to the defendant, since the defendant was promised to pay the price and lent one copy of the physical card connected to his bank account to another person. The means of access provided in such a method is highly likely to be abused for fraud, such as Bosing, etc. against many and unspecified persons, and the crime is not less than the nature of the crime, and the actual use of the bank account in the crime is likely to cause property damage exceeding eight million won.

However, the defendant's act of committing the crime of this case, there is no profit from the crime of this case, and there is no record of punishment, and other favorable circumstances, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, and the means and result of the crime.

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