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(영문) 수원지방법원 2018.07.20 2018고단2362
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

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

Nevertheless, on June 2017, the Defendant: (a) promised to receive KRW 3 million of the account usage fee between three days from a person whose name is unknown, from a dormitory of Scar University located in 1732 as the Seocho-gu, Young-gu, Young-si; and (b) sent a paper card, which is an access medium in the bank account (Account Number B) in the name of the Defendant, to a person whose name is unknown, using a door-to-door, stating the number and password of the card; and (c) sent it to a person whose name is unknown, using a door-to-door.

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 against C;

1. Application of response statutes on requests for details of transfer and financial transaction;

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. According to Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be imposed in consideration of the favorable circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s instant crime, the circumstances before and after the instant crime, and other various sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant was used in the criminal act and inflicted damage on a third party. The Defendant’s mistake is recognized, and any other favorable circumstances, such as the fact that it is an initial offender who has no record of the crime, etc.

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