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(영문) 서울남부지방법원 2018.06.27 2018고단1637
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing the access medium, and lend or take over such an access medium.

Nevertheless, the Defendant sent a physical card connected to the Defendant’s new bank account (Account Number C) under the name of the Defendant and sent a password to the name in the way of sending it by packaging the physical card around 11:00 on December 29, 2017, at around 11:00, the Defendant sent the phone card to the name in the name of the Defendant, and sent the password to the bank account (Account Number C) in the name of the Defendant.

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. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

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 act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, there are favorable circumstances such as the fact that the defendant has no record of being punished for the same crime, and that he seems to have not acquired profits from the crime of this case.

In this context, the defendant's age and economic situation, circumstances after the crime, etc. shall be comprehensively considered to determine the sentence after selecting a fine.

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