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(영문) 수원지방법원 여주지원 2018.10.23 2018고단879

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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 store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 18, 2018, the Defendant received a proposal from the person who pretended to the name of the liquor company, stating that “The Defendant would pay KRW 2,00,000,000 if he/she borrowed the physical card for three days” on the 19th day of the same month, and around 17:30 on the 19th day of the same month, the Defendant sent one copy of the physical card linked to the national bank account (Account Number: C) in the name of the Defendant through Kwikset service article to the national bank account (Account Number) in Gangnam-gu Seoul, Seoul, Seoul, and immediately thereafter notified the password of the said physical card.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of the Acts and subordinate statutes to photograph the Kakao Stockholm;

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

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

1. The Defendant’s access media on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act shall be considered to be a disadvantageous condition, and the fact that the Defendant’s access media was used for the instant criminal act shall be considered to be considered in light of the circumstances. However, it shall be considered in favor of the fact that the Defendant is dead and reflect, that there is no benefit gained from the instant criminal act, and that the Defendant

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.