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(영문) 수원지방법원 2017.05.30 2017고단1598
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, around the end of December 2016, the Defendant paid KRW 200,000 per day as a fee in return for allowing the Defendant to use a passbook for the purpose of money laundering for sports soil and casino from a person in a nameless, in front of the Defendant’s residence at the end of 2016, the Defendant promised to receive a separate fee of KRW 2,00,000 per week at the time of the use of the passbook. In return, the Defendant sent the account number, password, and the OTP card connected to the new bank account (D) in the name of the Defendant through Kwikset Service Articles.

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. Victims' report in preparation of E;

1. Application of Acts and subordinate statutes as a result of execution of a search and inspection warrant;

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.

The circumstances that can be seen have not been confirmed, and the first offender who has no record of criminal punishment are considered as favorable circumstances. In addition, all the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc. are revealed.

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