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(영문) 수원지방법원 2017.06.13 2017고단1739
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

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, the Defendant received a proposal from his name-free person to “to provide 600,000 won on the face of lending the e-mail card,” and accepted it, and sent the e-mail card connected to the account of the Defendant’s name bank (D) around November 16, 2016, around 17:00, in front of the C restaurant located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Kwikset (Kwikset), and notified the password by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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 crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc., and the Defendant’s access medium was actually used for the crime of lending fraud, etc., under unfavorable circumstances, the Defendant committed an offense with an expectation of economic benefits, but the actual benefit was gained.

In light of the fact that the circumstances have not been confirmed, the fact that there is no record of the same kind of crime, etc., each of the favorable circumstances is considered, and the sentencing conditions of the present case, such as the defendant's age, sex, environment, family relation, motive and circumstance after the crime, etc., are comprehensively taken into account, and the sentence like the order, is imposed.

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