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(영문) 서울남부지방법원 2018.09.19 2018고단2520

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On January 4, 2018, the defendant assumes the position of employees of a logistics company on January 14:30, 2018, and "the physical card of another person is required due to tax issues."

If you send the check card, 2.4 million won will be paid.

After accepting the phone "," it was issued to the person who sent his name before the defendant's office located in Geumcheon-gu Seoul Metropolitan Government, the check card connected to the defendant's name bank account (C) was issued, and the password was notified by telephone.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written petition for DNA preparation;

1. Detailed statement of transactions;

1. Application of Acts and subordinate statutes to the letter of reply to the National Bank of Korea (the details of transactions of deposits and withdrawal, and the table of customer information);

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case lending the access media that can be used for the so-called Bosing crime or the Internet fraud crime is not good.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The above circumstances and the details of the Defendant’s crime of this case, the method and contents of the crime, the circumstances after the crime was committed, the records of the Defendant’s punishment in the past, and other conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, and environment.