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(영문) 서울남부지방법원 2018.11.21 2018고단4252

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

On November 20, 2017, the Defendant: “Around November 20, 2017, the Defendant borrowed an account to be used for tax evasion from a person without his/her name to a liquor company for three days; and, upon receipt of a proposal, consented thereto; on May 31, 2018, the Defendant sent a physical card connected to the corporate bank account (Account Number: D) under the name of the Defendant at Yeongdeungpo-gu Seoul Metropolitan Government, to a person without his/her name.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of data on current status of financial transactions, application of bank transaction documents, account separate statement statement, and Acts and subordinate statutes on transport routes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The favorable circumstances: The defendant's mistake is recognized, and there is no benefit acquired by the crime of this case.

Before 2008, there is a record of criminal punishment of fines for other crimes, but there is no later criminal records or the same criminal records.

As above, the arguments in this case, such as the defendant's unfavorable circumstances, age, sexual conduct, motive, background, means and consequence of the crime, and circumstances after the crime, etc.