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(영문) 서울남부지방법원 2018.09.19 2018고단1525

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

On June 2017, the Defendant received a proposal that he would lend a e-mail card by telephone from the person who was not the first police officer, and consented to it, and then sent a e-mail card connected to the B bank account in the name of the suspect at the home-based shipping company with the name of Guro-gu Seoul Metropolitan Government where the trade name in the Dong is unknown.

As a result, the Defendant promised to receive a loan and lend an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of response statutes, such as details of financial transactions;

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

Since the Defendant had been subject to a disposition of suspension of indictment due to the act of lending the access media prior to the instant case, it seems that the Defendant had sufficiently known that the lending of the check for the purpose of lending would be subject to criminal punishment.

On the trial date of this case, the trial date of this case did not attend several times without any special reasons and did not appear in good faith.

The favorable circumstances: there is no record of criminal punishment exceeding the fine for the defendant.

The lending act was limited to one time, and it was intended to lend a e-mail card and receive a loan, but in fact, it was actually receiving a loan.