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(영문) 수원지방법원 안산지원 2018.05.29 2018고단1041
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

Nevertheless, on November 6, 2017, the Defendant would offer from a person who is in a name and infinite name to the company a KRW 2 million for three (3) days from the lending of the account for the purpose of tax reduction or exemption.

“Around November 8, 2017, after hearing the horses and consenting thereto, sent the physical card linked to the new bank account (C) with the Defendant’s name in front of the member-gu Dong-gu, Gyeonggi-si, Seoul Special Metropolitan City, through Kwikwikset’s service, to the above name in order to send the password of the said account to the Kakao Stockholm.

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. Application of Acts and subordinate statutes to petition, written confirmation of transfer of damage amount, written statement of the victim, and criminal investigation report (verification of the criminal intent of the suspect A);

1. The pertinent legal provision on criminal facts, Article 49 subparag. 2 and Article 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions, and Article 6 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and the lending of a medium of access to the reasons for sentencing of imprisonment with prison labor may lead to multiple victims by using them for systematic fraud crimes. Therefore, a strict punishment is inevitable.

In this case, the victim occurred by lending the access media by the defendant.

Defendant

In addition, even though recognizing that one's act constitutes a crime, the above act was harsh in the desire for money, and the damage was not recovered.

However, in addition to the punishment of a fine of KRW 500,00 for a crime of double crime, the punishment shall be determined as ordered in consideration of the circumstances in which the defendant has no record of crime and is against the law.

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