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(영문) 수원지방법원 2018.04.26 2018고단938

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, around 16:00 on October 17, 2017, the Defendant received a proposal from the 108 B-dong B-dong B-dong B-dong (108 B-dong) return center to offer the 2,500,000 won if he lends the e-mail card from the person in non-name, and accepted the proposal, and then sent one e-mail card, which is an access medium connected to the national bank B account in the Defendant’s name, via Kwikkset news service, to the non-name, and notified the account number and password by telephone.

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 made by the police against C;

1. Application of the detailed inquiry table by case (three million won) (Evidence Nos. 3), customer information inquiry table, customer information transaction details by case as a result of the transfer management (Defendants) and statutes;

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. According to Article 334(1) of the Criminal Procedure Act, the sentence of sentence is to be imposed in the same way as the order, taking into account the favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence that the Defendant caused the instant crime, the circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant for the reason of sentencing was used in the criminal act and inflicted damage on a third party, and that the Defendant misleads the third party.