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(영문) 서울중앙지방법원 2018.06.20 2018고단340
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

On November 2017, 2017, the Defendant issued a proposal that “I would lend a physical card to KRW 3 million if I would lend it for 10 days to his/her name in front of the “C” restaurant located in Gangnam-gu Seoul Metropolitan Government,” and issued the physical card and password connected to the bank account (Account Number: D) of the Defendant’s name to the employees of the part of the deceased and wounded.

As a result, the Defendant promised to pay for, lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Inquiry into the results of transfer and application of Acts and subordinate statutes of transfer confirmation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it could impair the credibility of the safety performance of electronic financial transactions and be used as a means of other crime. The actual fact that the access medium leased by the defendant was used for the crime of fraud, etc. is disadvantageous to the defendant, and all the defendant's errors are recognized, and there are no criminal records exceeding the same criminal records and fine, etc. are considered as favorable to the defendant, and the punishment is determined as ordered in consideration of the circumstances favorable to the defendant, such as the defendant's age, sexual behavior, environment, family relationship, and circumstances leading to the crime.

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