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(영문) 수원지방법원 2018.04.24 2018고단457

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 borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

The Defendant’s assertion that “I will give KRW 2 million per account when I lend the account to be used for tax reduction or exemption of alcoholic beverages for three days.” On July 24, 2017, the indictment written at around 12:56, stated the time of crime as “10:57,” but the Defendant changed the Defendant’s name-free person’s name-free person’s photograph to “12:56, a time when I sent a text message.”

At the D office located in Seocho-gu Seoul Metropolitan Government, one copy of the C C Card connected to the new bank account (Account Number: E) in the name of the defendant was sent by door-to-door, and the account number and password was notified to the person who was not the name of the defendant, and the accessing media was lent by text-to-face message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Contents of text messages;

1. Application of statutes on financial transactions, receipts, inquiry of customer information, and details of transactions in the principal;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the crime of this case was committed by lending the access media to the defendant in return for a promise to pay the price, and the nature of the crime is not weak, but the access media leased by the defendant was used for the telephone financial fraud crime.

However, the order is issued in consideration of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.