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(영문) 서울서부지방법원 2019.08.12 2019고단2103
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 any compensation.

Nevertheless, around October 23, 2018, the Defendant sent the physical card, which is a means of access connected to the post office account under the name of the Defendant, to the bearer through Kwikset Service, pursuant to the promise that “on the lease of the physical card, the Defendant would give KRW 3 million per month,” with the person under whose name it was named, in the vicinity of the credit details of Eunpyeong-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. [Post Office] Application of B A Account Transaction Details Acts and subordinate statutes

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant has actually been used for the commission of the singinging fraud, and the damage has occurred as a result of the use of the means of access to the singinginging fraud. However, the defendant appears to have an attitude to recognize and reflect the crime in this case, and other circumstances, such as the defendant’s age, character and behavior, career, motive for the crime

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