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(영문) 수원지방법원 2018.04.10 2017고단8381

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 31, 2017, the Defendant sent one copy of the physical card (Account Number: D) connected to the account of the name of the Defendant to the non-party in the name of the non-party in the name of the defendant at the office located in Suwon-si Office B located in Suwon-si, Suwon-si, and provided the name-non-party in the name of the non-party in the name of the non-party in the name of the defendant.

As a result, the defendant promised to receive the price, and lent the head and password of the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiry into personal information of customers, application of certificates of deposit transaction records, and details of transaction Acts and subordinate statutes;

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 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 as the primary offender and divided his mistake, the punishment as ordered shall be determined by taking into account various circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.