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(영문) 서울남부지방법원 2018.10.17 2018고단3819
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 or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

Around April 12, 2018, the Defendant, who misrepresented the employees of a distribution company, was urged to “in need of tax reduction and exemption, KRW 3 million per page, KRW 2,500,000 per page, and KRW 6,50,000 per page, by lending the account.” Around April 3, 2018, the Defendant issued a personal bank account (Account Number: C) in the name of the Defendant in the name of the Defendant in front of the Defendant’s residence, Gangseo-gu Seoul Metropolitan Government, and the Kwikkset service, respectively.

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. The written statement of the defendant;

1. Statement made by the police for E;

1. A petition for E works;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The above circumstances and the defendant caused the crime of this case.

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