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(영문) 수원지방법원 평택지원 2018.09.07 2018고단786
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 expressly provided for in any Act, no one shall lend any access medium to any third party for the purpose of electronic financial transactions in return for any consideration or in return for promising to receive such consideration.

On January 3, 2018, the Defendant received a proposal from a person without his/her name to “to give KRW 300,000 per month if he/she lends his/her name to an account under his/her name for 2 to 3 months,” and consented thereto. On January 6, 2018, the Defendant sent him/her at “C” located in Eunpyeong-gu Seoul, Seoul, with one check card connected to the Defendant’s new bank account (D) located in his/her name and sent him/her to the Defendant on January 8, 2018, and sent the said check by informing him/her of the password’s password to the above name-based person.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of each transaction;

1. Data for opening an account;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The instant crime is committed by facilitating a crime that inflicts property damage on many unspecified victims, such as singing, singing, and Internet gambling, and its social harm is very high: Confession, reflectivity, and the fact that there is no particular criminal history, except for the punishment of a fine imposed on July 21, 2016 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: The sentence imposed on the Defendant’s age, family relation, and criminal history: It is so decided as per Disposition on the grounds of a fine of at least 3,00,000 won.

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