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(영문) 수원지방법원 2018.02.01 2017고단8593

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person may, in using and managing access media, borrow or lend any access medium in return for payment, demand or promise;

1. On June 27, 2017, the Defendant: (a) promised to receive KRW 50,000 per day from a person in a name in return for lending an account to be used for tax reduction or exemption from the shopping mall in the name of the Defendant in return for the lending of the account from the person in a name in a name in return for the lending of the account; and (b) lent a physical card to the person who sent the name in a name in return for the receipt of notice of the account number and password to the Kakao Stockholm; and (c) lent a accessible medium by notifying the person in a name in a name in return for the lending of the account number and password.

2. On June 28, 2017, the Defendant: (a) promised to receive a consideration from a person who was not the deceased; (b) promised to send a physical card connected to the account in the name of the Defendant to a person who was not the deceased; and (c) promised to notify the account number and password to the Kakaox to receive a price; and (d) lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Details of the account transactions in one bank, application of statutes on the transactions in the Saemaul Treasury Account;

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and Article 2 subparagraph 10 of the Electronic Financial Transactions Act, the selection of fines for criminal facts, and the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The instant account leased by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was used for the crime of fraud, and the third victim was not only the victim but also damaged the financial transaction order due to the Defendant’s instant crime.

The Defendant actually committed the instant crime at KRW 500,000,000.