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(영문) 서울남부지방법원 2018.06.11 2018고단1383

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No one shall lend any means of access to electronic financial transactions in return for the promise to receive a price.

Nevertheless, around August 1, 2017, around 14:30 on August 1, 2017, the Defendant borrowed a physical card to use the Defendant’s account to a person whose name is unknown at the office of the second floor of the Defendant’s second floor located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a view to receiving KRW 3 million in lieu of lending a physical card to a person whose name is unknown, and sent the physical card linked to the Defendant’s name cooperation account (D) through Kwikset Service Articles.

Accordingly, the Defendant promised to receive the above compensation and lent the check card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Receipts:

1. Application of the statutes on search and seizure inspection warrant 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. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, there are favorable circumstances such as the fact that the defendant has no record of criminal punishment, and that the defendant seems to have not obtained any benefit from the crime of this case.

In this context, the defendant's age and economic situation, circumstances after the crime, etc. shall be comprehensively considered to determine the sentence after selecting a fine.