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(영문) 서울남부지방법원 2018.10.17 2018고단772
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 person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On November 10, 2017, the Defendant: (a) received a proposal from a person in a false name who assumes the position of an employee of a trade company to “be paid KRW 3 million per one account if he/she lends an account for tax reduction or exemption; and (b) received it; (c) around the same day, the Defendant sent each physical card connected to the Defendant’s name’s national bank account (C) and the bank account (D) through Kwikset and notified the password and the account number by telephone.

Accordingly, the defendant promised to receive compensation and lent each approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of transactions of deposits and the application of statutes on the provision of financial transaction information;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as well as the background and content of each of the crimes in this case’s case’s sentencing. In fact, even in the instant case, the access media leased by the Defendant was used for the crime of fraud, and the damage therefrom was incurred. However, the damage amounting to KRW 4.3 million out of the above damage amount to KRW 5 million remains not withdrawn and returned to the victim. The victim of the fraud in this case appears to have been in the preference against the Defendant. The victim of the crime in this case appears to have no benefit acquired by the Defendant from the crime, and it appears that there was no benefit acquired by the Defendant from the crime. The records of the crime up to the previous crime, the age, career, health status, and health status of the Defendant.

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