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(영문) 서울남부지방법원 2018.07.25 2018고단1916
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, the defendant, who received a telephone from a person in the name of the defendant, will provide 90,000 won per each credit card to prevent the tax.

Around January 23, 2018, upon receipt of the proposal, accepted the proposal, and entered a password on the back of the head of the physical card linked to the national bank account (C) under the name of the defendant in front of Yeongdeungpo-gu Seoul Metropolitan Government, and then sent Kwikset service to a name-oriented person.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Written petition for DNA preparation;

1. Receipt for trading;

1. Application of the statutes on national bank account reply data under the name of the defendant;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: there is no particular history of criminal punishment against the defendant.

In full view of the aforementioned circumstances and the circumstances leading up to the Defendant to commit the instant crime, the method and details of the instant crime, the circumstances after the commission of the crime, and other circumstances, including the Defendant’s age, sex, and environment, etc., and the sentencing conditions specified in the records and arguments, the punishment shall be determined as ordered.

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