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(영문) 서울남부지방법원 2018.09.12 2018고단2119
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in the course of using and managing access media for electronic financial transactions.

Nevertheless, the Defendant, on January 2018, borrowed an account from a person in unsound name who assumes the position of a trade company's staff member for the purpose of issuing a tax invoice to KRW 3 million per month, and then used a maximum of three months to KRW 9 million.

“After receipt of a proposal,” around 11:00 on February 1, 2018, the Defendant’s residential convenience store located in Guro-gu Seoul Metropolitan Government, committed a loan to the approaching media by way of delivering a copy of the passbook indicating the physical card and password connected to the Defendant’s name’s bank account (D) through the door-to-door officer before the Defendant’s residential convenience store.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. E statements;

1. Application of Acts and subordinate statutes on account transactions and a detailed statement of account transactions (National Bank A);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The act of lending an access medium is a crime that is highly likely to be used for a crime such as tax evasion, gambling, and springing.

In fact, the personal card lent by the defendant was used to commit fraud and the damage was caused.

A favorable normal condition: The defendant reflects the wrong, and there is no record of criminal punishment except punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2011.

Three children are the most important thing, and there seems to be no benefit acquired by the crime of this case.

As above, the defendant's age, her age, and other circumstances unfavorable to the defendant.

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