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(영문) 수원지방법원 2017.11.23 2017고단4428
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on November 2016, the Defendant promised to receive KRW 2,00,000 in return for lending an account to a person under his/her name for three days in front of Suwon-si, Suwon-si, Suwon-si, and sent a debit card and password of a new bank account under the name of the Defendant to the above person under his/her name via Kwikset Service Articles.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. The application of Acts and subordinate statutes to the Defendant’s legal statement and internal investigation report (the second execution of a warrant of seizure subject to prosecution and application of a financial account), the second execution of a warrant of seizure subject to prosecution and application of a financial account, and the second execution result of a warrant of seizure subject to prosecution and application of a financial account, and the output of an x-cell file file (the transferee of the passbook E);

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 an electronic financial transaction access medium with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only a serious crime that may not only impair the trust in electronic financial transactions, but also be abused as a means of other crimes, such as telephone financing fraud.

The defendant's access media was actually abused for fraud crime, causing damage.

A defendant has been sentenced to a fine several times for a crime of dives.

However, the defendant has not been guilty of the same kind of crime or suspended execution, and has recognized the crime and reflected the mistake.

There is no profit acquired from the crime of this case.

Considering these circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Code are considered.

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