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(영문) 서울남부지방법원 2018.10.18 2018고단4204

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 person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions.

Nevertheless, on March 20, 2018, the Defendant would send KRW 3 million if he/she lends a physical card from a person in an infinite name to another person.

“After receiving the proposal to the effect that “,” it was accepted, around 11:00 on the same day, sent to Kwikset Service Articles who sent the name in front of the Defendant’s office located in Yangcheon-gu Seoul Metropolitan Government, by inserting one copy of the C C Card connected to the new bank account (C) in the name of the Defendant, and the password was known by telephone to the above person without the name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A receipt (the details of payment of damages);

1. Application of Acts and subordinate statutes on response to financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, the punishment shall be determined by comprehensively taking into account the following factors: (a) the defendant seems to have no profit from the crime; (b) the defendant has no other criminal record than one previous criminal record prior to about 18 years; (c) the motive and background of the crime; (d) the circumstances after the crime; (e) the defendant's age; (e) the defendant's sexual conduct