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(영문) 수원지방법원 안산지원 2018.06.05 2018고단766
전자금융거래법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, on November 15, 2017, the Defendant was scheduled to use the liquor tax reduction or exemption from a person who misrepresented as an operator of a liquor company on the name of November 15, 2017, and paid KRW 3 million when he borrowed the account for three days.

Upon receipt of the proposal ", on November 16, 2017, the defendant's office located in Geumcheon-gu Seoul Metropolitan Government sent one physical card connected to the post office deposit account (D) opened in the name of the defendant through Kwikset's service, which sent the above names in front of the office. On November 16, 2017, the defendant sent one physical card connected to the post office deposit account (D) opened in the name of the defendant, and notified the defendant of the password of the said

As a result, the Defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Return of financial transaction information, an application for subscription to a deposit account, and details of account transactions;

1. Application of statutes on details of text reception;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act shows an attitude against the Defendant.

The victim committed fraud using the account linked to the access medium that was leased by the crime of this case.

However, the defendant conspiredd to commit the above fraud, or attempted to commit such fraud.

It is not prosecuted.

The Defendant committed the instant crime during the period of suspended sentence of imprisonment.

However, the crime of the suspended execution is not caused by the same crime.

The defendant has a record of being sentenced to suspension of indictment for the same crime.

However, there is no record of criminal punishment for the same crime.

The age, occupation, and other matters of the defendant.

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