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(영문) 전주지방법원 2018.08.13 2018고단678

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

On November 20, 2017, the Defendant: (a) received a written message from a person without his/her name to the effect that he/she would pay 2 million won as face-to-face royalties on the lending of the e-mail card; (b) promised to receive two million won under the condition that he/she lends the e-mail card; (c) on the same day, sent the e-mail card, etc. connected to the account under the name of the Defendant in front of the apartment site in the Jin-gu, Seo-gu, Jin-gu, Seoul; and (d) lent the access medium to notify the password in writing.

Summary of Evidence

1. Statement by the defendant in court;

1. To file a report on internal investigation (componating text messages);

1. Response to CCTV data;

1. Application of Acts and subordinate statutes to warrant replies (No. 11 of the list of evidence);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The crime of lending or transferring access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the fact that the crime of lending or transferring such media becomes the means of another crime, such as singing, etc., and that the access media provided by the Defendant was used for the actual crime.

However, it shall be considered that the defendant recognized his/her criminal act and divided, the first offender, etc. is favorable, and other sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined in the same manner as the order, considering various sentencing conditions.