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(영문) 수원지방법원 2018.08.14 2018고단2998
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 and managing the access medium.

Nevertheless, on September 14, 2017, the Defendant promised to receive KRW 3 million from a person who is unable to know the name “D” from a person in front of the Yongsan-si District B, to receive KRW 3 million from a person who is not aware of the name of “D”, and sent the name to a person whose name is unknown through Kwikset’s service, with a physical card connected to the deposit account (Account Number: E) in the name of the Defendant.

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 with regard to F;

1. Application of Acts and subordinate statutes, such as a certificate of details by account for member trading and a lease agreement;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

The favorable circumstances: The fact that the defendant has no profit from the crime of this case; the defendant has been punished for the same crime or has no record of punishment in excess of the fine: The crime of this case is not only prejudicial to the trust in electronic financial transactions, but also the crime of this case is committed by using the leased access media to a criminal act such as telecommunications fraud, and the crime is not good, and the damage is actually caused by the use of the access media that the defendant has lent.

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