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(영문) 서울남부지방법원 2018.05.10 2018고단925

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 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.

Nevertheless, around December 6, 2017, the Defendant issued a copy of the physical card linked to the national bank account (B) in the name of the Defendant, “If he/she lends an account necessary for operating an overseas gambling site, he/she will be paid KRW 1,50,000 per KRW 3,000,000,000,000,000,000,000 won.”

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (attached documents of certificates of deposit transactions);

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act of the Provisional Payment Order, shall be determined in full view of the following circumstances, and the sentence as ordered.

It is necessary to strictly punish the lending of an access medium for electronic financial transactions because it can be used as a means of other crimes.

- The account entered in the facts of crime was abused, resulting in the victim.

The favorable circumstances - The defendant has no profit from this case.

- The defendant led to confession and reflect on the crime of this case.