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(영문) 춘천지방법원 영월지원 2018.05.29 2018고단95
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with promise to sell such medium.

Nevertheless, on December 4, 2017, the Defendant needs to account for tax reduction from a person who is in the name of Yeonsu-gu Incheon Metropolitan City from the person who is not in the name of Yeonsu-gu.

1 It will pay 3 million won to the account.

Upon receipt of a proposal to the purport, Kwikset, the credit union in the name of the defendant lent cash cards and passwords connected to the two accounts (B) and the Nong Bank account (C).

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. Written statements of D;

1. A statement of account transfer;

1. Application of Acts and subordinate statutes on applications for transactions of passbooks and copies thereof;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime; (b) favorable circumstances, such as the fact that there was no record of punishment for the same kind of crime; (c) the instant crime is a lending of the access medium used for electronic financial transactions by the Defendant at a price; (d) not only infringes the safety and reliability of electronic financial transactions; but also may be abused as a means of crime, such as telephone financial company, phishing, etc.; and (e) the fact that the access medium leased by the Defendant was actually used for a second offense; and (e) other unfavorable conditions for sentencing as indicated in the records, such as the Defendant’s character, character, environment, motive and background of the crime; (e) the number of access media used for the crime; and (e) circumstances after the crime.

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