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(영문) 수원지방법원 2018.06.14 2018고단1462

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, at around 15:00 on January 2, 2018, the Defendant agreed to receive a total of 3 million won from the 14-day account from a person who was unable to know the name, “B company’s agent” in front of the fixed place of business of the Samsung electronic semiconductor semiconductor 1, which was located in Samsung Electronic City, to receive a total of 14-day fee for 14-day account from the person who was unable to know the name, and sent three physical cards, which are one of the accessible media of the Defendant’s bank deposit account (Account Number: D., E) and the Saemaul Treasury’s deposit account (Account Number:F) to a person whose name is unknown, using Kwikset’s service, and sent the password to the Kakao Stockholm.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes concerning transfer certificates, provision of financial transaction information, and text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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.

However, the order is based on the consideration of the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no force in the same kind of crime, and other factors that are the conditions for sentencing under Article 51 of the Criminal Act.