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(영문) 수원지방법원 2018.06.14 2018고단365

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.

On October 30, 2017, the Defendant borrowed an account to be used for tax evasion from liquor companies to offer one million won per account. On October 30, 2017, the Defendant: (a) sent two copies of the e-mail card (Account Number: E) and F bank account (Account Number: G) linked to the e-mail and the e-mail account; (b) sent the e-mail card to the e-mail guard room in Yeongdeungpo-gu, Young-gu; and (c) lent the access medium to receive compensation by informing the e-mail of the account number and password by telephone; and (d) lent the access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Details of each transaction, application of the relevant Acts and subordinate statutes on banking transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for 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, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant was punished for the same crime of this case or has no record of being sentenced to a suspended sentence or heavier punishment for another crime, and other various circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.