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(영문) 수원지방법원 안산지원 2018.09.05 2018고단2293
전자금융거래법위반
Text

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

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

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 the consideration therefor.

Nevertheless, on April 10, 2018, the Defendant sent an advertising message to the Defendant’s pro-dong mobile phone No. 2 with the Defendant’s personal phone on April 10, 2018.

(c) to pay KRW 4 million per week by lending the account for three days in need of the relevant financial account, which is non-tcoin.

On April 19, 2018, upon receipt of the proposal, “,” the Kwikset service provider visiteded to receive the check prior to C, to receive the check, and then sent a copy of the check card, which is linked to the new bank account (D) in the name of the Defendant, to the nameless person via Kwikset service provider, and the password was known to the Kakao Stockholm.

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. E statements;

1. Application of Acts and subordinate statutes regarding transaction details;

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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the defendant’s age, sex, family relation, etc., shall be comprehensively considered in the following normal relationship: (a) the sentence shall be determined as ordered by the Criminal Procedure Act.

- Unfavorable circumstances: The fact that the account of the defendant was used for the crime of telephone financing fraud and the circumstances favorable to him/her: confession and reflect; the fact that he/she did not actually acquire the price for the crime; and the first crime.

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