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(영문) 수원지방법원 2018.06.14 2018고단372

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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on November 6, 2017, the Defendant promised to receive KRW 2.7 million in return for lending physical cards to be used for the reduction or exemption of alcoholic beverages from a person in the name in return for three days from the office of maintenance, and lent access media to the name in return for the Defendant’s new bank account (Account Number: C) connected to the name in the name of the Defendant through a door-to-door engineer on the one hand, while setting up the number and password to the name in return for the notification of the account number and password to the Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (including inquiries about details of transactions in addition);

1. Application of the Acts and subordinate statutes to search and reply;

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

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the crime of this case was committed by lending the access media to the defendant in return for a promise to pay the price, and the nature of the crime is not weak, but the access media leased by the defendant was used for the telephone financial fraud crime.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime.