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(영문) 대전지방법원 서산지원 2018.10.11 2018고단753
전자금융거래법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On February 2, 2018, the Defendant: (a) received a proposal from a person without his/her name to stating that “on the face of lending his/her account and e-mail card during this mold, the Defendant would offer KRW 4 million to KRW 5 million per account; (b) around February 23, 2018, the Defendant lent each physical card connected to the Defendant’s Saemaul Savings Depository (C), Suhyup Bank Account (D), and Postal Office Account (E) in the name of the Defendant before the Defendant was working for, and promised to use for the benefit by delivering each physical card connected to the Defendant’s name to the Nonindicted Party.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A certificate of transfer confirmation;

1. Data on response to financial information;

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

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. In light of the fact that the electronic financial transaction access media, which lent to a third party for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, can be used for fraudulent crimes, such as Bosing, etc., may cause damage to many and unspecified persons. In fact, the access media that the Defendant lent to a third party actually used for the crime, and the Defendant committed the instant crime during the period of repeated offense, it is necessary to severely punish the Defendant.

However, the fact that the defendant recognized the crime of this case and reflects the mistake, that there is no benefit from the crime of this case, that the criminal record of the above repeated crime is a crime different from this case, that there is no record of punishment for the same crime, and that there is no other record of punishment for the same crime, and that the defendant's age, sex, environment, motive, means and result of the crime.

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