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(영문) 부산지방법원 동부지원 2018.06.07 2018고단382

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 any access medium, such as an electronic card, used in electronic financial transactions while demanding, demanding or promising the consideration.

On April 13, 2017, the Defendant sent a cell phone text message stating “D” around the Busan Shipping Daegu C Public Parking Lot, which reads E CompanyF, to a person who called E CompanyF, “for three days from lending the account, use the account for three days, and grant three million won in return,” and sent 2 e-mail card and password connected to the new bank account (Account Number: G and H) in the name of the Defendant via Kwikset Service to the said F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. The application of Acts and subordinate statutes to attach search and reply materials, CCTV image data, and reply materials;

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. In the event that an electronic financial transaction access medium is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish such medium, as it may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as Bosing, etc. In fact, the Defendant’s lending of the electronic financial transaction access medium is considered disadvantageous to the Defendant.

However, it is more favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, that the defendant agreed with the victim of the above Bosing crime, and that the defendant is an initial offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime.