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(영문) 수원지방법원 2018.07.10 2018고단440
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 borrow or lend any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

On November 14, 2017, the Defendant: (a) sent one copy of the e-mail card connected to the national bank account (Account Number: C) in the name of the Defendant at the office of post office located in Jinan-dong, Jinan-dong, Jinan-dong, Do-ro 98 around November 14, 2017, which was not a worker even if the Defendant was not a worker in the process of receiving a loan; and (b) lent the access media for the purpose of notifying the names and passwords of the number and password to the non-resident and using them for the crime.

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 on the receipt ledger, verification certificates, inquiry of customer information, and details of 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, and Article 6 (3) 3 (excluding punishment);

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is likely to be subject to criticism in that the Defendant lent access media for the purpose of obtaining so-called working loans, and the nature of the crime is not somewhat weak. The access media leased by the Defendant was used for telephone financial fraud, not only was used for the crime of fraud but the Defendant was under repeated offense upon termination of the execution of the sentence on November 26, 2015.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant seems to have obtained the money from the other party who lent the access media, that the defendant has no record of punishment for the same crime of this case, and that there is no other history of punishment.

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