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(영문) 수원지방법원 2018.11.08 2018고단4150
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

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on January 23, 2018, the Defendant promised to receive KRW 3 million per head of Tong from a person who was in the name of the Defendant in front of the Defendant’s office, and agreed to receive KRW 3 million per head of Tong in the name of the Defendant through Kwikset Service, and notified the account number and password of each of Kwikset’s personal account through Kwikset Service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to respond to an order of submission by the Korean bank, including account transfer details, application form and transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is one of the crime of this case where the defendant promised to pay for and lends two accessible media to the defendant. In that the defendant newly opens two accounts to pay for the defendant, the nature of the crime is not weak, and it is also necessary to strictly punish the defendant in that the access media lent by the defendant was used for telephone financing fraud.

However, in consideration of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the defendant has not been punished for the same crime in this case; and (c) the defendant has no record of being punished for the same crime in this case;

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