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(영문) 수원지방법원 2017.08.17 2017고단1744
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 provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

On December 7, 2016, the Defendant agreed to receive KRW 3,00,000 per month in return for the lending of the check from a person without his name, and notified the check card related to the account of the National Bank (C) in the name of the Defendant through Kwikseter service articles of Kwikset, and the password was sent to the above nameless person via Kwikseter’s service.

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. Statement made by the police against D;

1. Application of statutes to a list of customer information inquiries;

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 act of lending an electronic financial transaction access medium for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it may not only impair trust in financial transactions, but also be abused as a means of other crime.

In fact, the access media transferred by the defendant has been abused for telephone financing fraud and has caused damage.

However, the defendant recognizes a mistake and seriously reflects it, and there is no benefit from the crime.

Although juvenile protective disposition has a record of being subject to criminal punishment, there is no criminal record.

In consideration of these circumstances, the punishment is determined as ordered by taking into account the factors such as the sentencing conditions prescribed in Article 51 of the Criminal Act.

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