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(영문) 서울남부지방법원 2018.08.13 2018고단2120

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 lend an access medium in return for promising to pay consideration.

Nevertheless, on December 2017, the Defendant: (a) received a proposal from a person infinite name who assumes a false position as a member of a trading company and consented to the proposal that “to use the account for a period of one month, and KRW 3 million,000,000,000,000”; (b) around that time, the Defendant sent and lent a physical card connected to the No. 3 (C) account under the name of the Defendant at the point located in the Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage to D;

1. Application of Acts and subordinate statutes on account transactions and details of agricultural financial transactions;

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. 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, since there are favorable circumstances such as the fact that the defendant has no record of being punished for the same crime, and that there is no benefit acquired by the crime of this case, the sentence shall be determined by comprehensively taking into account various factors of sentencing, such as the age and economic situation of the defendant after the selection of the fine.