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(영문) 서울남부지방법원 2018.06.27 2018고단854
전자금융거래법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

around 18:00 on November 17, 2017, the Defendant promised to lend 3 million won to an account in relation to the operation of an advertising company from his name in return for the use of Kwikkset through Kwikset’s service at the convenience store near the Geumcheon-gu Seoul Metropolitan Government “C” located in Geumcheon-gu, with the offer and consent of the Defendant, and, at around 18:00 on November 17, 2017, lent the access medium by promising Kwikkset to pay for the use of Kwikkset’s account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A petition for E works;

1. Application of Acts and subordinate statutes of a certificate of transfer confirmation;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: The defendant shows the appearance of reflecting the defendant's mistake.

There is no record of criminal punishment against the defendant.

In full view of the aforementioned circumstances and the circumstances leading up to the Defendant to commit the instant crime, the method and details of the instant crime, the circumstances after the commission of the crime, and other circumstances, such as the Defendant’s age, sex, and environment, and the conditions for sentencing as shown in the instant records and arguments, the punishment shall be determined as ordered.

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