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(영문) 제주지방법원 2018.12.07 2018고단621

전자금융거래법위반

Text

Defendant shall be punished by a fine of five 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 while receiving, demanding or promising compensation.

Nevertheless, on December 4, 2017, the Defendant would pay KRW 3,300,00 if he/she borrowed an account for two days from a person who has not been named in his/her name.

Transmission of a personal account number after informing the account number;

“C.” in response to the proposal, sent the physical card connected to the account under the name of the defendant in the post concentration country located in the Nowon-gu, Jeju on December 10, 2017, and sent the password C to the deceased.

Accordingly, the defendant agreed to receive a price from a person who is not his/her name and lent his/her identification card and its password, which is an access medium.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the reply-related Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the lending of access media for electronic financial transactions can be used as a means of other crimes. In reality, even in this case, the access media leased by the Defendant was used for committing a crime; the Defendant re-offendered on July 17, 2015, despite the fact that the indictment was suspended on the charge of violating the Electronic Financial Transactions Act on July 17, 2015; and other circumstances constituting the conditions for sentencing, such as the background leading to the crime, degree of damage, Defendant’s age, environment, and circumstances after the crime, etc., are also considered, and the sentence as set forth in the Disposition above.