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(영문) 서울남부지방법원 2018.10.17 2018고단3037

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, the Defendant sent a e-mail card connected to the e-mail bank account under the name of the Defendant and two pages connected to the e-mail account under the name of the Defendant, and sent a e-mail card to the name in a way that he lends 80,000 won per e-mail to the account, lends 3 copies of an access medium to the account and raises cash. On April 10, 2018, around 13:00, he sent a e-mail card to the name in Seocho-gu Seoul, and then sent the e-mail card in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Details of deposits and withdrawals from accounts under A;

1. Details of conversation between the person under consideration and his/her name, the invoice, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a detailed statement of transactions with suspect accounts);

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. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, some of the personal card lent by the defendant was used to commit fraud and damage was caused.

The favorable circumstances: the defendant recognizes the crime and reflects the wrongness, and there is no record of criminal punishment.