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(영문) 수원지방법원 안산지원 2018.06.12 2018고단1362

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

Nevertheless, on January 22, 2018, the Defendant would pay KRW 300,000,000 to the one month per account, if the account is lent to the company, and KRW 6,000,000 to the two months.

“After hearing the horses and consenting thereto, at around 19:10 on the same day, 3 copies of the physical card, including one physical card connected to the company bank account (C) in the name of the Defendant in the front of Ansan-si, 19:10 on the same day, and one physical card connected to the Saemaul Treasury Account (D), and one physical card connected to the Nonghyup Bank Account (E), and one sheet connected to the Nonghyup Bank Account (E), were sent through Kwikset-si’s article, and the password of each of the above accounts was known through the Kakao Stockholm.

As a result, the suspect promised to receive the price and lent three media using electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The F true statement and the police statement made to F;

1. Two remittance receipts, and detailed inquiries about details of financial network transactions, and replys to the warrant of an enterprise bank;

1. Application of Acts and subordinate statutes on the transaction details certificate and the Kakao Stockholm dialogue screen;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. It is inevitable to punish a large number of victims because the use of the media to systematically commit the crime of systematic fraud that leads to the lending of a medium of access to the reasons for sentencing selective sentencing of imprisonment.

In this case, the defendant lent the access media to the victim, and the defendant was imprisoned in his desire to pay money, and the above act was committed and the damage was not recovered.

A person who requested the lending of access media by the defendant.