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(영문) 수원지방법원 2017.11.10 2017고단4823
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 25, 2016, the Defendant sent a physical card and password connected to the company bank account (C) opened in the name of the Defendant through Kwikset service, with a proposal that he/she would lend a physical card from a person who has no name to his/her residence, using it as a day on which he/she would use it, and 2 million won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes notifying data on financial transaction status;

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 crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc., and the Defendant’s access medium was actually used in committing a loan fraud, under unfavorable circumstances, the Defendant committed a crime with an expectation of economic benefits, but the actual benefit was gained.

In light of the fact that the circumstances have not been confirmed, the fact that there is no record of the same kind of crime, etc., consideration shall be given to each other in favor of the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence identical to the order shall be imposed by comprehensively taking into account all the factors of sentencing

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