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(영문) 대전지방법원 천안지원 2018.07.06 2018고단666

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on January 3, 2018, the Defendant, at the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, proposed that he would lend e-mail cards connected to the account in need of tax reduction or exemption from his name to the account for three days, and sent e-mail cards connected to the Defendant’s name bank account (D) to the Defendant’s own bank account, and lent the e-mail access media to the electronic financial transaction, promising that the e-mail be used to inform the above nameless person of the identification number as a text message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the details of return, account opening information, and account trading as a result of transfer;

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 light of the fact that the crime of transfer or lending of the access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes, the case is not easy, and the access medium provided by the defendant is actually used for the crime, on the other hand, the confession and rebuttal of the defendant, the fact that the defendant does not have any criminal history against the defendant, and all other circumstances revealed in the record and the change theory of the case, the punishment is determined as ordered.