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(영문) 춘천지방법원 2018.08.14 2018고단571
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on December 12, 2017, the Defendant: (a) received letters from a person in secret name who assumes the office leader of the liquor company called “B” from a person in secret name and made a phone call; and (b) received a proposal from a person in secret name to “to borrow an individual bank account due to tax issues; (c) to use 2.4 million won after using it for 3 days on the face of lending the cream card; and (d) accordingly, (c) opened a physical card connected to the name of the Defendant in front of the master center in the Master’s Office located at 48, Ma-dong, Ma-dong, a master’s office in the name of the Defendant, at around 19th to 20th of the same month.

Accordingly, the defendant committed the act of lending the approaching media while promising the price.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes governing deposit verification;

1. Article 49 of the pertinent Act on criminal facts, Articles 49(4)2, 6(3)2, and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment, etc. (the circumstance after the crime is not good in that it infringes on the credibility of the safety performance of electronic financial transactions because the access media leased by the Defendant was used by another person for the crime of Bosing fraud and infringed on the trust of the safety performance of electronic financial transactions.

However, the defendant agreed to pay a certain amount of money to the victim due to the above fraud and made efforts to pay damages to the victim.

The sentencing conditions, such as the confession and mistake of the defendant, the fact that there is no record of the defendant, the fact that the defendant actually has no record of being acquired, the crime is committed once, the defendant's age, family relationship, environment, circumstances after the crime, etc., shall be selected and the amount of the fine shall be determined after considering the following factors.

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

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