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(영문) 대전지방법원 천안지원 2018.12.11 2018고단2334
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on June 2018, at the C convenience store located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocho-gu, 2018, the Defendant: (a) received a proposal from a person in the name of the defendant, stating that “on the deposit of an account in need of tax reduction or exemption for three days, the Defendant would lend 3 million won to the bank account under the name of the defendant; (b) delivered a physical card connected to the bank account under the name of the defendant, and (c) promised to lend the password to the above person in the name of the defendant in a way that he/she informs him/her of his/her personal identification to a mobile phone display; and

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A report on internal investigation (related to a receipt for admission) and a receipt for deposit;

1. Provision of financial transaction information and details of opening of accounts, and transaction details;

1. Application of the Kakao Stockholm dialogue legislation

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending media access to electronic financial transactions can be used as a means of other crimes. In fact, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking comprehensive account of the following factors: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.

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