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(영문) 서울동부지방법원 2018.11.20 2018고정713
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, on July 10, 2017, the Defendant: (a) called “on the part of his name, the Defendant would offer the checks and passwords that he did not use, if sent; and (b) on the same day, lent the access media to Kwikset service articles, in return for the return of the paper, stating the physical card Nos. 1 and passwords connected to the national bank account (Account Number D) in the name of the Defendant, to Kwikset service articles that sent the name in Seongdong-gu Seoul, Seongdong-gu, and C.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the statutes on the Frobation of Frobs and Messenssenism

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. Articles 70(1) and 69(2) of the Criminal Act to attract the Nowon-gu Station: (a) of the Criminal Act [the Defendant and his defense counsel asserted that the Defendant and his defense counsel did not agree to pay a fee when lending a physical card; (b) however, the Defendant provided a physical card in the course of Defendant’s examination with the Defendant’s payment of a fee.

I stated that the phone number first received was the phone number because there was a doubt about why and why they would not know the water and valuables.

In light of the statement, the above argument is without merit.

The reason for sentencing is that the crime of this case not only harms the trust and safety of financial transactions, but also allows access media leased by the crime to be used for various criminal acts. Thus, the nature of the crime is not less than that of the defendant, and the defendant has no record of criminal punishment for the same crime, etc., the punishment shall be determined as ordered in consideration of the sentencing conditions specified in the trial of this case.

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