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(영문) 서울중앙지방법원 2018.08.22 2018고단3090
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

No person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, the Defendant, at around March 27, 2018, sent the recipient’s information to Kakao Stockholm, stating that “F apartment G in Yangcheon-gu, Seoul and sent the password of each of the above accounts to the Kao Kao Kao Kao of a person without a name, on the same day, after being offered a proposal, that “The Defendant would use two accounts for 3-5 days from the opening of the week, and pay 4.8 million won as the loan fee” from the person without a name, under the Defendant’s name.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of the statutes governing a copy of a bankbook ASC bank, the details of text receipt, the content of AKakao Stockholm conversation, and a copy of a passbook AF bank account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: Lending an access medium is bad in that it can be used as a means of other crime.

In fact, the access media that the defendant lent was used for the crime of Bosing.

The favorable circumstances: The defendant has no particular criminal history.

The defendant recognized the crime of this case and reflected it.

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