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(영문) 수원지방법원 2018.05.24 2018고단1440
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 one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on October 27, 2017, the Defendant borrowed the account to be used for the purpose of tax reduction from the person who is not in the name of the company in Suwon-si, Suwon-si, to KRW 700,000 per day from the user fee for three days.

" Upon receipt of the proposal, " shall deliver one physical card connected to the community credit cooperative account (E) in the name of the defendant to the person in a name in the name of the defendant, and the account number and password were communicated to the Kakao Stockholm.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes on the confirmation of deposit and response to account information;

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 on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of undermining the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telephone financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by considering the fact that the defendant has committed a crime due to his living conditions, that the defendant has obtained mistake, that there is no benefit from the crime, that there is no benefit from the crime, and that there is no previous conviction in the same kind of crime.

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