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(영문) 서울중앙지방법원 2018.04.19 2018고단1067
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 or lend any electronic financial transaction access medium while demanding and promising the consideration therefor.

Nevertheless, the defendant was proposed to pay 3 million won from his nameless person, and around December 14, 2017, in front of the defendant's office in Jongno-gu Seoul, Jongno-gu, Seoul, he sent the physical card, which is a device of access to the Saemaul Bank Account (Account Number C) in the name of the defendant, to Kwikset service article, and sent the password to the above nameless person by telephone.

Accordingly, the Defendant promised to receive compensation, and lent an approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an application for financial account transactions;

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 act of lending money in return for the promise to transfer or receive the benefit of the sentencing of Article 334(1) of the Criminal Procedure Act is not against the nature of the crime in that it can be abused as a means of criminal acts, such as financial fraud, and thus may cause damage to a large number of victims. The access media of this case also used for the loan fraud is against the Defendant: Provided, That the Defendant is against the Defendant; there is no benefit obtained from the crime; the Defendant is an initial offender without any previous conviction; and all other circumstances constituting the conditions of the sentencing, such as the Defendant’s age, sexual behavior, environment, the background and consequence of the instant crime; and the circumstances after the crime, etc., the punishment is determined as per the order.

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