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(영문) 대전지방법원 천안지원 2018.11.29 2018고단1946
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 borrow or lend any access medium or store, deliver or distribute any access medium by receiving, demanding or promising a price for a password, user number, etc. registered with a financial institution or an electronic financial institution, which is a medium access to electronic financial transactions, or any other similar act.

On May 10, 2018, the Defendant: (a) received a proposal from a person infinite name who assumes a staff member of a liquor company, stating that he/she would offer a e-mail card of KRW 3 million per 3 million per e-mail for three days from lending the e-mail card; (b) on the same day, he/she sent a e-mail card connected to the new bank account (Account Number B) in the name of the Defendant in the place where it is unknown at the e-mail-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiries about certificates of confirmation of transactions of deposits and withdrawals, and details of transactions;

1. Application of text-based 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 access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used to commit fraud and the victim was generated.

The defendant acknowledges his wrongness.

The defendant has no history of criminal punishment.

In addition, the punishment shall be determined as ordered by comprehensively taking into account various factors of sentencing as shown in the arguments in this case, such as the motive for the crime, age, sex, family relationship, etc. of the defendant.

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