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(영문) 수원지방법원 안산지원 2018.09.18 2018고단2688
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration in using and managing access medium for electronic financial transactions.

Nevertheless, on May 28, 2018, the Defendant promised to receive KRW 800,000 in return for lending the physical card from a person in non-name, and then sent one head of the physical card connected to the deposit account in the name of the Defendant in the name of the Defendant to the above-mentioned person at an Ansan-si C Visits office located in Ansan-si, Seoul-si, Annsan-si, the Defendant sent the personal identification number of the said physical card to the above-mentioned person via the Kakao Stockholm message.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of account transactions, text details, account inquiries, and account transaction details (A);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The lending of a medium of access to the grounds for imposing the sentence of imprisonment for a crime under Article 49(4)2 and Article 6(3)2 of the Act on the Electronic Financial Transactions and Trade, and the lending of a medium of access to the grounds for imposing the sentence of imprisonment for a crime is inevitable because it is used for a systematic fraud crime that may cause multiple victims.

In this case, the defendant lent the access media to the victim, and the defendant was imprisoned in his desire to pay money, and the above act was committed and the damage was not recovered.

Provided, That the sentence shall be determined as per the order in consideration of the fact that the defendant has no criminal history and is against the defendant.

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