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(영문) 수원지방법원 여주지원 2018.11.14 2018고단911
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium to another person for the use and management of an electronic financial transaction access medium in return for promising to receive such consideration.

Nevertheless, on August 22, 2018, the Defendant received a proposal from a person without his/her name to “to give 3 million won per 10-day bank account, if he/she lends e-mail card to 10 days.” On August 23, 2018, the Defendant lent the access media by using a e-mail card connected to the Defendant’s corporate bank account (B) at this e-mail-based post office located in thischeon-si, 2610, as compared to the e-mail, around 15:00, around August 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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 access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was actually used for the actual fraud crime, causing damage.

However, it is expected that damage will be recovered as the transaction of account is suspended.

The defendant is attempting to commit a crime and is against the mistake.

The Defendant is an initial criminal with no criminal history, and the Defendant did not obtain any consideration for lending an access medium.

The punishment shall be determined as per Disposition in consideration of all the circumstances, such as the age, sex, environment, etc. of the defendant.

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