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(영문) 서울남부지방법원 2018.10.10 2018고단3711

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 any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

On February 19, 2018, the Defendant: “Around February 19, 2018, the Defendant, who misrepresented a staff member of a liquor company, would use only 3 million won per week from the lease of the account, and pay KRW 3 million per one account” with the intention of proposal; and on February 20, 2018, the Defendant, through Kwikset’s personal card and password connected to the new bank account under the name of the Defendant in Gangseo-gu Seoul Metropolitan Government (Account Number: C) around 16:0, 2018.

Accordingly, the Defendant promised to pay for 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. Statement made by the police against D;

1. Written petition for DNA preparation;

1. Data on investigation reports (where such data are attached to a new bank and Korean bank replies) and new bank replies;

1. Application of Acts and subordinate statutes to a criminal investigation report (voluntary submission of written text A by a suspect) and text message;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

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.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The above circumstances, the background leading up to the Defendant to commit the instant crime, the method and details of the crime.