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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1068

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium with demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on March 2018, the Defendant received and consented to the proposal that “The Defendant would have lent the passbook to KRW 3 million at the face of five days from the opening of the passbook to the Defendant’s cell phone,” and then, around that time, sent the physical card connected with the Defendant’s Saemaul Treasury D account in front of the C cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and then sent it to Kwikset service articles with the above name omitted.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on deposit statements and account details;

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

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

1. The crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and the Defendant has no record of punishment for the same kind of crime, and all other circumstances revealed in the record and the change theory of this case are determined as ordered.