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(영문) 서울남부지방법원 2018.07.18 2018고단1877

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 borrow or lend, or store, deliver or distribute any electronic financial transaction access medium while receiving, demanding or promising any consideration.

On January 22, 2018, the Defendant received a proposal from a person who assumes a false name in the name of the company in charge of the settlement of accounts to pay KRW 3 million in one month of the account if the Defendant borrowed the account from the person who assumes a false name in charge of the company in charge of the settlement of accounts, and consented to the proposal. On January 23, 2018, the Defendant sent Kwikset Card, linked to the physical card and the new bank account (Account Number B) connected to the Defendant’s account in front of the apartment in the Gwanak-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the above name in exchange for Kwikset service article, and notified the password.

Accordingly, the defendant agreed to receive compensation and transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data on account transactions, details of financial account transactions, and replies;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to details of new bank transactions);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, there are no records of criminal punishment, and there are no profits acquired by the crime of this case, considering the circumstances favorable to the defendant, various factors of sentencing, such as the age and economic situation of the defendant and the circumstances after the crime, etc.