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(영문) 수원지방법원 안산지원 2018.05.25 2018고단962

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant, on January 2018, sent the Defendant’s mobile phone text message to the Defendant’s cell phone, “C’s B” from the Defendant’s non-sicker (hereinafter “B”).

I would like to pay KRW 2 million on the 10th day of lending the account, KRW 2 million if extended by 10 days thereafter, and KRW 6 million if lending three times.

“After receiving and consenting to the proposal, at around 13:00 on January 9, 2018, he visited Kwikset Service Articles, through Kwikset Service Articles, to receive the e-mail card on the front side of the E-company located in Sikset-si, and sent a e-mail card, which is linked to the new bank account (F) in the name of the Defendant, to the person in distress, and the password was known to the Kakao Stockholm.

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 of the police statement related to G;

1. Application of Acts and subordinate statutes to transfer;

1. Relevant legal provisions concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is chosen (see, e.g., the choice of punishment, the defendant's resistance against himself/herself, and the first offender);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.