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(영문) 수원지방법원성남지원 2020.10.16 2020고단2634
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around February 18, 2020, the Defendant, at the Defendant’s workplace “D,” which was known through the Internet prior to the Defendant’s online, proposed that “If the Defendant borrowed the cash withdrawal card of the account to be deposited and withdrawn prior to the issuance of the company’s corporate card, he will be paid KRW 70,000 won each day as an daily allowance.” The Defendant sent a personal check card that can be cash withdrawal from the Defendant’s account (E) through Kwikset-si’s service, and sent the personal check card to the bearer of the name, and the password was notified through the Kwikset-si Open Bank.

As a result, the defendant promised to receive compensation and lent electronic financial media to a person who has not been named.

Summary of Evidence

1. Statement of the police concerning F of the suspect interrogation protocol of the defendant at the police station G;

1. Application of the respective details of G trade and the statutes governing A details of trade;

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. Article 32(1)1 and Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation by the Defendant of the Provisional Payment Order (the crime of violating the Electronic Financial Transactions Act is not an offense subject to a compensation order, and thus, the Defendant’s application for compensation against the Defendant is inappropriate) is an unfavorable circumstance.

However, the fact that the defendant led to the confession of crime and the prevention of recidivism, the first offender, etc. are considered as favorable circumstances, and the age, character and behavior of the defendant.

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