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(영문) 서울남부지방법원 2018.09.05 2018고단2595

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On November 27, 2017, the Defendant would give three million won a face-to-face card to a person who assumes a false name from an overseas exporter's staff member.

“After receiving the proposal,” and accepting it, the Cze Card, linked to the Agricultural Cooperative Account (C) in the name of the Defendant in front of Yeongdeungpo-gu Seoul, was issued through Kwikset Service and notified the password by telephone.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

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 the certificate of transfer transaction (17 pages of evidence record);

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 of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

The favorable circumstances: The defendant reflects the crime and has no record of criminal punishment.

There seems to be no benefit acquired from the crime of this case.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions