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(영문) 서울중앙지방법원 2018.06.20 2018고단2403
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 lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, around October 30, 2017, the Defendant issued a proposal to “to use only 30,000 won and pay KRW 2,00,000,000 to the bank account (C) with the Defendant’s name in front of the Defendant’s house located in Jongno-gu Seoul, Jongno-gu, Seoul.” On October 30, 201, the Defendant sent the physical card number and password of the said account to Kwikset service provider on the part of the Defendant’s name in the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on advertising messages and Kakao Stockholm dialogue content;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

D. Unfavorable circumstances: The crime of this case can be used as a means to commit various crimes that have a great impact on society.

The access media lent by the defendant was used for actual fraud crime.

The favorable circumstances: the defendant recognizes all crimes and reflects them.

There is no criminal record for the defendant.

The defendant seems to have no profit from the crime of this case.

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