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(영문) 서울남부지방법원 2019.01.09 2018고단4369
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

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

On February 2, 2018, the Defendant: (a) heard the speech that “the Defendant would pay 2.4 million won if he/she lends the crow card in relation to alcoholic beverages tax for three days; and (b) issued one physical card connected to the d bank account (E) in the name of the Defendant by using his/her house line from Gangseo-gu Seoul Metropolitan Government, to the non-resident; and (c) informed him/her of the password by means of entering the password after the card.

Accordingly, the defendant agreed to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Statement of the defendant in court;

1. Statement of the police statement concerning F;

1. A copy of the F Document;

1. Application of Acts and subordinate statutes, such as the name of defendant;

1. Relevant legal provisions concerning facts constituting an offense and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access 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 crime of this case is not likely to be committed by leasing a means of access that can be used in so-called singinging crimes or Internet fraud crimes.

In that the means of access, such as the physical card that the defendant lent, actually used for the crime of fraud, causes monetary damage to the victim, it cannot be deemed that the case is light.

The above circumstances and the details of the Defendant’s commission of the instant crime, methods and contents thereof, circumstances after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, character and conduct, and environment, shall be determined as per Disposition.

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