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(영문) 수원지방법원 2018.08.22 2018고단2832
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, 40 days.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or keep, deliver or distribute such medium, while giving, receiving, demanding or promising any access medium in electronic financial transactions or using or managing any access medium to secure the authenticity and accuracy of the users and the details of such transaction.

Nevertheless, the Defendant, on December 27, 2017, is located in Suwon-si, Suwon-si B, and therefore, the Defendant would pay 600,000 won per 60,000 won per 1 Kakao Stockholm card from a person in an influence of name through the Kakao Stockholm.

“On the proposal of “,” and accepted it, sent to the Kakaox a password of the physical card connected to the post office account (D) under the name of the Defendant, and sent the said Kaka card via the phone line.

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 for E;

1. Details of transactions in the Defendant’s name;

1. Application of Acts and subordinate statutes to attach text messages;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20 million or less under the unfavorable circumstances: fine of KRW 20 million or less (the sentencing decision] : the damage caused by the Bosinging crime is extremely serious; thus, there is a need to strictize the act of lending the approaching media which is the beginning of the Bosing crime; there is a need to set aside the act of lending the approaching media which is the starting point of the Bosing crime; a normal situation favorable to the fact that the victim of the actual fraudulent crime has occurred due to the approaching medium lent by the Defendant to obtain monetary benefits; there is a confession and rebuttal; and there is no previous criminal history, and there is no other age, occupation, environment of the Defendant; and the instant case.

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