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(영문) 수원지방법원 안산지원 2018.06.07 2018고단890
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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing access media for electronic financial transactions.

Nevertheless, on August 2017, the Defendant received a proposal from a person who was in the name of the police officer in the name of Geumcheon-gu, stating that “The Defendant would pay 600,000 won per day on the basis of the lending of the physical card for three days,” and accepted this proposal and sent the paper paper stating the physical card No. 1 and the password of the above account No. 1 connected to the company bank deposit account in the name of the Defendant at the office located in Geumcheon-gu Seoul Metropolitan Government (D).

As above, the Defendant promised to receive the above consideration and lent the approaching media.

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 to applications for savings transaction of corporate banks;

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 this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only prejudicial to the trust in electronic financial transactions, but also the leased access media is a crime that may cause damage to a large number of victims by using it in various criminal acts, including Bosing and so-called Bosing. In fact, the damage occurred due to the use of the access media lent by the defendant for criminal acts. The defendant's responsibility is not somewhat weak.

However, in consideration of the fact that the defendant was the first offender, that the defendant was able to repent and reflect the wrong, and that the defendant seems to have no money and valuables acquired in return for committing the crime, the punishment as ordered shall be determined.

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