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(영문) 서울남부지방법원 2018.11.14 2018고단4415

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 borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on April 20, 2018, the Defendant received a proposal from a person whose name is unknown to him/her for the payment of a certain percentage of the money deposited in the Tong through the Kakao Stockholm, and accepted it. On the same day, the Defendant informed a person whose name is not known in the Nacheon Station located in Seocheon-si, of the physical card connected to the post office account (B) in the name of the Defendant.

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 written statement of the defendant;

1. C’s statement;

1. A report on damage to the preparation of C;

1. Application of Acts and subordinate statutes to inquiries about details of financial transactions (A's nominal account);

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case lending the access media that can be used for the so-called Bosing crime or the Internet fraud crime is not good.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

In full view of the aforementioned circumstances and the circumstances leading up to the Defendant to commit the instant crime, the method and details of the instant crime, the circumstances after the commission of the crime, and other circumstances, including the Defendant’s age, sex, and environment, etc., and the sentencing conditions specified in the records and arguments, the punishment shall be determined as ordered.