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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1061
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium to financial institutions while receiving, demanding or promising to receive compensation.

Nevertheless, on January 18, 2018, the Defendant received a proposal to the effect that “The Defendant would offer to rent KRW 3 million per each account for the lending of the account,” through text message from a person who was in the name of the deceased. On the same day, the Defendant sent the above-mentioned name non-indicted to the Defendant’s bank account (B) via Kwikset service article, via Kwikset service article, sent the above-mentioned name-based card to the Defendant’s name-based non-indicted, 100,000 won per each account for the lending of the account.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a certificate of deposit, inquiry of customer information, details of transactions of entry and departure;

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 crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime not only harms the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and there is no criminal history against the Defendant, and all other circumstances revealed in the records and changes theory of this case shall be determined as per the disposition.

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