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(영문) 수원지방법원 안산지원 2018.07.10 2018고단1959
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

No person shall lend or borrow any medium for access to electronic financial transactions issued by a financial institution while receiving, demanding, or promising to receive the price therefor.

Nevertheless, at around 15:44 on January 16, 2018, the Defendant accepted a proposal that “(s) from a person who is the head of B Company B, who is the head of B, to use another’s account in order to not pay taxes for liquor companies, and would pay KRW 3 million per loan for three days, if the card was lent for three days,” and then, at around 17:30 on the same day, the Defendant sent the C Card connected with the Defendant’s Saemaul Bank Account (E) prior to the Gyeonggi-do Si, Gyeonggi-do, to Kwikkseter service provider who sent the above name (F), and notified the above name name Nonparty of the number and password.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to G and a certificate of confirmation of deposit of damaged money;

1. The application of Acts and subordinate statutes to letters, Kakao Stockholm, and a report on investigation (the details of transactions in the name of the suspect) received from the person in terms of name;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. It is inevitable to punish a large number of victims because the use of the media to systematically commit the crime of systematic fraud that leads to the lending of a medium of access to the reasons for sentencing selective sentencing of imprisonment.

In this case, the defendant lent the access media to the victim, and the defendant was imprisoned in his desire to pay money, and the above act was committed and the damage was not recovered.

Provided, That the sentence shall be determined as per the order in consideration of the fact that the defendant has no criminal history and is against the defendant.

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