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(영문) 춘천지방법원 영월지원 2018.05.29 2018고단101
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 lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with promise to sell such medium.

Nevertheless, on September 8, 2017, the Defendant would offer 2.1 million won if he/she borrowed an account for tax reduction or exemption from his/her name in C, which is located in Kangwon-gun B, Gangwon-do.

Upon receipt of a proposal to the effect that “the credit card and password connected to the two accounts was lent to 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. Statement made by the police for E;

1. A certificate of deposit verification;

1. Application of A's mobile phone text statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the instant crime. The Defendant is the first offender; the instant crime is a favorable circumstance where the Defendant first offender is the first offender; the Defendant’s lending of the access medium used for electronic financial transactions not only infringe on the safety and reliability of electronic financial transactions but also may be abused as a means of crime, such as telephone, scam, etc.; the Defendant’s lending of access medium was actually used for the second offense; and other unfavorable circumstances such as the Defendant’s character and behavior, environment, motive and background of the crime, means and method of the crime; and the circumstances after the crime, etc., shall be determined as per the order by comprehensively taking into account all the circumstances of sentencing as indicated in the record.

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