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(영문) 수원지방법원 2018.06.14 2018고단2304
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, around 13:00 on December 19, 2017, the Defendant promised to receive KRW 1,500,000 from a person whose name is unknown to receive an account fee of KRW 1,50,000 for two days from a person whose name is unknown and sent a physical card, which is an access medium of the bank account (Account Number: B) in the name of the Defendant, to a person whose name is unknown using Kwikset and notified him of the account number and password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of confirmation;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of a warrant of search and inspection of evidence attached), and on internal investigation reports (CCTV data attached);

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 this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order requires a strict punishment against the defendant in that the crime of this case was committed by lending the access media to the defendant in return for a promise to pay the price, and the nature of the crime is not weak, but the access media leased by the defendant was used for the telephone financial fraud crime.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant has no record of punishment for the same crime of this case, and the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account such various circumstances as the sentencing conditions in the records.

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