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(영문) 대전지방법원 천안지원 2018.05.24 2018고단765

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend or lend any access medium while receiving, demanding or promising compensation.

Nevertheless, on November 15, 2017, the Defendant sent a physical card, which is a medium of access to electronic financial transactions in the new bank B account in the name of the Defendant using the post office’s home line, and lent a accessible medium to notify the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s authentic statements and written statements;

1. A detailed statement of transactions of entry and withdrawal;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending media access to electronic financial transactions can be used as a means of other crimes. In fact, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking comprehensive account of the following factors: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.