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(영문) 전주지방법원 2018.11.07 2018고단1673
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.

The defendant needs to use the passbook from “B to a borrowed-name account.”

On January 8, 2018, when transferring one physical card, it received the letters of non-scambling three million won from the name, and around D in front of the last day of the Yansan-gu, Seoul around January 8, 2018, it issued the physical card connected to the Defendant’s name bank account (Account Number: E) to the non-scambing person, and notified the non-scamb number to the non-scambing person by telephone.

Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on a copy of transaction statement;

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 crime of transferring the access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that the Defendant’s access media provided was actually used for an actual crime.

However, considering the favorable circumstances, such as the fact that the defendant did not gain any profit from the crime of this case, the fact that the defendant has no record of criminal punishment, the recognition of his criminal act and the fact that he repents, the punishment as ordered shall be determined by considering various sentencing conditions, such as the defendant's age, sexual behavior, environment, etc.

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