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(영문) 대전지방법원 천안지원 2018.02.02 2017고단2518
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions to another person in the course of receiving, demanding or promising the price therefor.

Nevertheless, the Defendant, on May 24, 2017, lent a e-mail card connected to the account in need of the account from a person without his name on May 24, 2017, to provide KRW 600,000 per day and KRW 2,00,000 if the account is lent for 3 days.

On May 25, 2017, after receiving the text message to the effect that “,” the Kwikset service provider sent a physical card connected to the post office account (D) in the name of the Defendant to the Kwikset service provider in front of the Nam-gu C laund site located in Nam-gu, Southern-gu, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of account transactions and application of statutes on financial transaction information;

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. It is necessary to strictly punish the transfer or lending of access media for electronic financial transactions with the reason of sentencing under Article 334(1) of the Criminal Procedure Act as the means of other crimes.

In this case, the access media leased by the defendant was used for the crime of Bosing, causing damage.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no profit acquired by the defendant due to the instant case.

There are no criminal records which exceed the same kind of crime and fine.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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