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(영문) 창원지방법원 2018.10.05 2018고단2091
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 borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on December 13, 2017, the Defendant, who is not aware of his name on December 13, 2017, lent a e-mail card to use it for the money exchange business that is a bitco-in, and that he would pay approximately KRW 3 million as a rental fee for the month when he used it for the money exchange business that is 10% of profits.

On December 14, 2017, in the name of the defendant at the office of the Gangseo-gu Central Office located in Gangseo-gu, 2046 (Account Number: B), one physical card connected to the community credit cooperative account opened in the name of the defendant was delivered to the person whose name is not known, and the account number and password of the above account was notified.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Data on reply to warrants (financial transaction details), the application of registration receipt Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, number of accessible media loans; (b) the background of the instant crime; and (c) the circumstances after the instant crime is committed; and (d) the sentence is determined as per the order.

The act of lending an access medium is not only detrimental to the reliability of the safety performance of electronic financial transactions, but also is used for other crimes, so it is necessary to strictly cope with the risk of massing many victims.

The access media leased by the defendant was actually used for fraud crime.

The defendant recognizes the crime of this case and does not repeat the same mistake.

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