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(영문) 서울남부지방법원 2018.05.16 2018고단1167

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 13, 2017, the Defendant borrowed a passbook to be used for tax purposes by telephone from a person who assumes a false name from his/her own staff member of a logistics company.

After receiving the proposal of "," and accepting it, around 14:00 on the same day, he sent the physical card connected to the defendant's bank account in front of the defendant's residence in Guro-gu Seoul Metropolitan Government through Kwikset Service Articles 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. Details on the transfer of certificates of confirmation and the transfer of deposits;

1. Application of Acts and subordinate statutes of photograph of the content of conversation;

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 act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, there is no record of criminal punishment by the defendant, and there is no benefit acquired by the crime of this case.

In this context, the defendant's age and economic situation, circumstances after the crime, etc. shall be comprehensively considered to determine the sentence after selecting a fine.