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(영문) 수원지방법원 안산지원 2018.05.29 2018고단1203
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising to pay the consideration.

Nevertheless, on December 28, 2017, the Defendant leased a personal account from a person who is an employee of a liquor company to the company for tax saving.

It shall be used for three days from the lending of the account, and 2 million won per account shall be paid per 1 account.

“After hearing horses and consenting thereto, around January 2, 2018, around 15:33, Ansan-si sent a physical card connected to the Agricultural Cooperative (E) account in the name of the Defendant to G in the way of sending one copy of the physical card connected to the name of the Defendant and one copy of the physical card connected to the Agricultural Cooperative (F) account in the name of the Defendant to G in the name of the said person, and notified the account number and password of each of the said accounts through the Kakao Stockholm.

As a result, the suspect promised to receive the price, and lends two media using electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The police inquiry protocol against the accused;

1. Application of the Acts and subordinate statutes governing the petition, statement, statement of account classification, statement of transaction by account, Kakao screen pictures;

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. It is inevitable to punish a large number of victims because the use of the media to systematically commit the crime of systematic fraud that leads to the lending of a medium of access to the reasons for sentencing selective sentencing of imprisonment.

In this case, the victim occurred by lending the access media by the defendant.

Defendant

In addition, even though recognizing that one's act constitutes a crime, the above act was harsh in the desire for money, and the damage was not recovered.

However, in consideration of the initial and reflect circumstances, the punishment as ordered shall be determined in the same manner as the order.

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