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(영문) 서울남부지방법원 2018.11.08 2018고단1173
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 transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On December 4, 2017, the Defendant borrowed a passbook to be used as an account for the entry into and departure from a sports earth by telephone from a person without his/her name on December 4, 2017 to KRW 3 million.

"At around 14:00 on the same day after receipt of the proposal, he sent a physical card connected to the new bank account (D) in the name of the defendant at the C's office located in Guro-gu Seoul Metropolitan Government, and notified the password by telephone.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of transactions of each automation machinery;

1. Application of Acts and subordinate statutes on response to financial transaction 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 a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, it seems that there is no benefit to the defendant actually acquired through the crime, and there is no criminal record against the defendant, the punishment shall be determined by taking into account various factors of sentencing, such as the motive and background of the crime, the circumstances after the crime, the age, sexual behavior, and the environment.

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