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(영문) 전주지방법원 2019.05.08 2018고단2726
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 may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, on September 3, 2018, the Defendant received a communication from the deceased to the effect that he would pay KRW 700,000 to the user fee on the face of lending the e-mail card, and promised to receive KRW 700,000 on the condition that he lends the e-mail card, and on the same day, he sent the e-mail card connected to the e-mail bank account in the name of the Defendant to the deceased using Kwikset service and lent the means of access to the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the transfer of funds, and financial reply data;

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 is that the crime of transferring the means of access under the Electronic Financial Transactions Act is the means of other crimes, such as scam, etc., and the fact that the means of access provided by the Defendant was actually used for the actual crime is unfavorable.

However, the court shall take into account the favorable circumstances such as the fact that the defendant reflects the defendant's wrong and that the defendant did not gain any actual benefit due to the crime of this case, and shall determine the punishment as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct

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