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(영문) 수원지방법원 2018.02.08 2017고단7824
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 August 20, 2017, the Defendant agreed to receive 50 to 60,000 won per day from a person whose name is unknown, from a person whose name is unknown, and agreed to receive 50 to 600,000 won per day from a national bank account (Account Number: C) in the name of the Defendant, and notified a person whose name is not known, of the password.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage to D;

1. Details of account transactions, and inquiry of customer information (A) the application of statutes;

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 with the reason 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 medium in 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 mistakenly recognized the defendant, there is no profit acquired by the crime, there is no record of punishment in the Republic of Korea, the fact that there is a dependent, such as the aged child, and other factors that constitute the sentencing conditions prescribed in Article 51

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