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(영문) 수원지방법원 2018.06.14 2018고단1904

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on November 9, 2017, the Defendant promised to receive KRW 3 million from a person who was absent from his name in front of the construction site of the new building of the D company located in Suwon-si District Co., Ltd., at KRW 3 million per head of Tong, and promised to receive KRW 3 million for three days per head of Tong, and one physical card, which is an access media to the new bank E account under the name of the Defendant, from Kwikkset Service, was sent to the name-oriented person and the account number and password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes on deposit certificates and account details;

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 an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

On June 2, 2016, the Defendant was sentenced to the suspension of the execution of two years on June 10, 2016 due to special injury, etc. in the Cheongju District Court Support, which became final and conclusive on June 10, 2016, and committed a crime without being aware of the period of suspension of execution.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no previous conviction for the same kind of crime.