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(영문) 서울동부지방법원 2018.07.03 2018고정547

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 19, 2017, the Defendant received a proposal from a person without a name that he would give a loan by raising credit rating, and around September 19, 2017, the Defendant transferred three physical card of the name of the Defendant’s bank account (B, C, D) to his name in the second sentence of the Gangseo-dong elementary school located in Gangdong-gu Seoul Metropolitan Government, and notified his secret number.

On September 20, 2017, the defendant accepted a proposal that allows the above account to be used for a month from the above person in the name of the defendant and that 200,000 won per unit to be used.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. A certificate of transaction confirmation;

1. Application of Acts and subordinate statutes to report on investigation (report on results of suspect cell phone analysis);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including not only harm to the trust and safety of financial transactions, but also allowing access media from the crime to be used for all kinds of criminal acts, and thus, the nature of the crime is not less complicated, the defendant has no record of being subject to criminal punishment for the same crime, the number of lent access media is not large, and cooperation with investigation agencies after the case, and the punishment is determined as ordered in consideration of the sentencing conditions set forth in the trial of this case.