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(영문) 수원지방법원 안산지원 2018.05.29 2018고단1193

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

Nevertheless, on October 17, 2017, the defendant is a liquor company, and a bank account is required due to tax issues.

When sending a e-mail card, 2 to 3 days will be used, and 2 million won will be paid.

“After hearing the horses and consenting thereto, “The above-mentioned names were sent to the above-mentioned in the way of packing the passwords of the above account to the head of the physical card (B) connected to the Defendant’s new cooperation account in the street room located in the Sungdong-gu, Ansan-si, the members of Ansan-si, the same day, and then sending the passwords of the above account to the above-mentioned persons using the home line.

As a result, the suspect promised to receive the price, and used the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1.A petition, a victim’s statement, and a statement of deposit and withdrawal transactions;

1. The application of Acts and subordinate statutes to criminal investigation reports (a warrant of search and inspection of seizure and replys: Ansan, and hear statements of suspects);

1. The pertinent legal provision on criminal facts, Article 49 subparag. 2 and Article 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions, and Article 6 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and the lending of a medium of access to the reasons for sentencing of imprisonment with prison labor may lead to multiple victims by using them for systematic fraud crimes. Therefore, a strict punishment is inevitable.

In this case, the victim occurred by lending the access media by the defendant.

The Defendant’s cruelly committed the above act and did not recover from the injury.

However, although the defendant has been sentenced several times of a fine due to a double-class crime, he/she shall determine the punishment as ordered in consideration of the circumstances in which he/she has no record of the same kind of crime.