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(영문) 수원지방법원 2017.10.31 2017고단5246
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 March 2017, the Defendant agreed to receive KRW 100,000 per month in return for lending an account from a person in non-name in front of the Defendant’s residence. On March 2017, the Defendant sent the personal account number and password to the above person via Kwikset Service Articles, 1, 1, 3, and 4, relating to the account of the Defendant’s name.

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. Written statements prepared in D;

1. A detailed statement of account transactions;

1. Application of the Acts and subordinate statutes of the Republic of Korea;

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.

Considering the fact that the circumstances have not been confirmed, the damage was recovered to the victim of the loan fraud and the fact that the agreement was reached smoothly, the following factors are considered as favorable circumstances. In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance after the crime, etc., the sentence identical to the order.

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