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(영문) 대전지방법원 천안지원 2018.07.06 2017고단2349

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, around March 2, 2017, the Defendant, in the vicinity of his house located in the Chang-si, Chang-gu, Seoul Special Metropolitan City, proposed that “If an account needs to be leased for three days due to tax reduction or exemption, 2.4 million won will be paid if the account is lent for three days,” and promised to deliver a physical card connected to the account under the name of the Defendant to a bank account under the name of the Defendant, and to lend the identification number to the above non-name-based phone in the way of informing the above non-name-based phone to the telephone, the Defendant lent the access medium of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of remittance details, transaction replies, and text message details;

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. The crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime not only harms the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and the Defendant has no particular criminal history, and all other circumstances revealed in the records and changes theory of this case shall be determined as per the Disposition.