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(영문) 대전지방법원 천안지원 2018.06.01 2018고단5

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, at around 15:00 on September 15, 2017, the Defendant offered a proposal that “If an account needs to be lent for three days due to tax reduction or exemption, it would be KRW 2,00,000,000,” from a person in the name of the Defendant, the Defendant sent a physical card connected to the bank (D) account under the name of the Defendant to the bank under the name of the Defendant, and promised to lend the password to the above person in the name of the name of the Defendant by way of informing him/her of his/her cell phone, and then, lent the electronic financial transaction access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on remittance receipts, a statement of account transactions, and Kakao text;

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 transferring or lending an 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 less exceptionally used for the crime, and the access medium provided by the defendant is actually used for the crime, on the other hand, the defendant is led to confession and rebuttal of the crime of this case, and the defendant has no record of punishment for the same kind of crime, and all other circumstances shown in the record and the change theory of this case are determined as ordered.