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(영문) 서울남부지방법원 2018.12.12 2018고단5362

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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

On September 13, 2018, the Defendant, at around 10:46, received a proposal from a person in unsound name, stating that “to use an account for seven (7) days per week from the lending of the account, and to give KRW 3 million.” On September 15:31, 2018, the Defendant, at around September 17, 2018, sent a physical card connected to one bank account under the name of the Defendant at Kwikkset’s name through Kwikset’s service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written petition for DNA preparation;

1. Financial transaction details;

1. Data on response to details of financial transactions (the details of financial transactions, an application for bank transactions, etc.);

1. A financial transaction statement in one bank;

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

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The defendant's mistake is recognized as favorable circumstances.

The above circumstances and the circumstances leading the Defendant to the instant crime, the method and content of the crime, the circumstances after the crime, and other circumstances, including the Defendant’s age, sex, and environment.