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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1893

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 lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on April 30, 2018, the Defendant offered a proposal that “if an account needs to be leased for tax reduction or exemption due to a tax reduction or exemption problem, the Defendant would give KRW 3 million per account to one account” from a person in the name of the apartment in front of the apartment in front of the apartment, and sent the physical card connected to the SC Japan bank account under the name of the Defendant to the above person in the name of the Defendant, using Kwikset and sent it to the above person in the name of the Defendant, and lent the electronic financial transaction access medium by informing him of the password using the cell phone hosting case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on deposit receipts and account transactions;

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 access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used to commit fraud and the victim was generated.

However, the defendant's mistake is recognized.

The defendant has no history of criminal punishment.

In addition, the punishment shall be determined as per the order by comprehensively taking into account various factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, family relationship, etc.