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(영문) 수원지방법원 안산지원 2019.05.15 2019고단120
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 person shall lend, deliver, keep or distribute a means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, at around 12:00 on July 12, 2018, the Defendant received a proposal that “the application for loans from July 4, 2018, which was filed by the Defendant, was rejected without any transaction record. In response, the Defendant sent the check card and, if the account number and password are known, would raise the transaction performance.” At around 14:50 on the same day, the Defendant sent the account number and password of the Defendant’s name F (G) and H bank account to the non-resident by telephone, and at around 16:12 on the same day, sent two physical cards connected to each of the above accounts to the above accounts at the above offices located in Ansan-si, Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Details of J dialogue;

1. Application of each specification of transactions and statutes governing 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that lending of the means of access for electronic financial transactions can be used as a means of other crimes. In fact, in this case, the means of access leased by the defendant was used for crime.

However, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the fact that the defendant has recognized his mistake, that there is no criminal history against the defendant, that there is no benefit from the crime, and that there is no other benefit from the crime, and the defendant's age, character, environment, family relationship, motive and consequence of the crime.

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