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(영문) 서울서부지방법원 2019.05.17 2019고단563
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

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 any compensation.

Nevertheless, from around December 20, 2018 to around the 21st day of the same month, the Defendant sent each physical card, which is a means of access connected to B Bank (C) and D Bank (E) account in the name of the Defendant, to the non-conceptist through Kwikset Service, pursuant to the Defendant’s promise that “on the basis of lending the card, if he lends the card, he would give the price of KRW 2 million per each card” with the non-conceptististist in the name of the Defendant.

Accordingly, the Defendant promised to provide two means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning customer personal information inquiries, certificates of deposit transaction records, and details of transactions of D banks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Circumstances that are favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The first offender is the first offender, and the crime of lending the means of access that is unfavorable to the point that there is no benefit from the instant crime: The necessity of punishment is large since the act of lending the means of access undermines the credibility of electronic financial transactions and facilitates other crimes. The fact that the means of access provided by the Defendant was actually used for the crime is actually used for the crime, and all other circumstances, such as the Defendant’s age, character and behavior, environment, motive and background of the crime

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