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(영문) 서울서부지방법원 2018.10.17 2018고단2975

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lease any access medium while demanding, demanding or promising the consideration in using or managing access media necessary for electronic financial transactions.

Nevertheless, on June 5, 2018, the Defendant received a proposal that “The Defendant would offer KRW 2 million per week on the face of a week from a person who has no name in the name of the Defendant, who lent an account to use for distributing taxes to a liquor company,” and accepted it, and then sent the above name in front of the branch office in Eunpyeong-gu Seoul, Seoul at around 14:00 on the same day to Kwikset service provider who sent the above name in front of the branch office in Eunpyeong-gu, Seoul, to the Defendant’s bank account (Account No. B) and notified the name in the name in the name in the name of the Defendant.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

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. All other circumstances, including the Defendant’s age, sex, career, motive of the crime, and circumstances after the crime, on which the Defendant lent to the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, are considered as follows: (a) the physical card was actually used for a fraudulent crime; (b) the Defendant’s recognition of a criminal act; and (c) the Defendant’s age, sexual conduct, career, motive of the crime;