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(영문) 서울동부지방법원 2018.11.22 2018고정1051
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, on March 7, 2018, the Defendant received a call from a person without his name to the effect that “The Defendant would pay 10% fee if he lends an account to be used for distribution transactions with several manufacturing companies.” On the part of Seongdong-gu Seoul, the Defendant sent a physical card connected to the C bank account (Account Number D) in the name of the Defendant in front of Seongdong-gu Seoul, to the Kwikset Service Articles who sent the name of the Defendant to the said person, and notified the said person of the password with the text message.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

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. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the Nowon-gu Station shall not only harm the trust and safety of financial transactions, but also allow the access media leased from the crime to be used for various criminal acts. Thus, the nature of the crime is not somewhat weak, and the defendant has no record of criminal punishment for the same crime at the trial of this case, taking into account the sentencing conditions set forth in the trial of this case, such as the fact that the defendant has no record of criminal punishment.

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