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(영문) 의정부지방법원 고양지원 2018.11.14 2018고단2057

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 lend any access medium used in electronic financial transactions to any third person while promising to receive such consideration.

Nevertheless, on May 2018, the Defendant sent a physical card and sent the account number and password to a convenience store that does not know the trade name in the Dong-gu Dong-gu, Seocho-gu, Seocho-si, Seocho-si, and provided three million won if the account number and password are known.

“In receipt of the proposal, I sent one physical card connected to the Defendant’s new bank account (B) under the name of the Defendant, which is an access medium, to the name in the name of the non-person.

Accordingly, the defendant promised to receive compensation and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to banking transaction applications attached to the inquiry of transaction details, search for seizure, and reply;

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. It is so decided as per Disposition by taking into account the following factors: (a) the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the confession, confession, and reflects; (c) the number of the leased bankbooks is one; (d) the Defendant appears to be suffering from the depression; and (e) the sentencing conditions stipulated under Article 51 of the Criminal Act are all considered.