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(영문) 수원지방법원 여주지원 2018.09.12 2018고단555
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any electronic financial transaction access medium while demanding, demanding or promising the consideration.

Nevertheless, the Defendant, at around 16:00 on January 24, 2018, lent an account from a person who had no name in front of the Defendant’s residence in Ischeon-si C for seven days, to pay KRW 3 million in return.

“At the time of receipt of the proposal,” the head of Cze Card, linked to the Saemaul Treasury Account (Account Number D), sent the name in secret to the name in secret via Kwikset Service, and the password of the said Cze Card was known to the telephone.

Accordingly, the defendant promised to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Financial transactions replys to the Saemaul Treasury;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to mobile phone text messages;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant received the payment, and the leased media was used to commit the actual fraud, causing damage.

It seems that the defendant was trying to commit the crime, and the defendant did not actually receive the cost of lending the access media.

The defendant is an initial offender with no record of crime, and is in the position of supporting the mother suffering from dementia and the children attending the middle school by alone.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, educational background, health status, motive, circumstances, etc. of the defendant's statement.

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