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(영문) 수원지방법원 2018.09.06 2018고단2348
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 one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on January 11, 2018, the Defendant promised to receive KRW 700,000,000 from a person whose name is unknown to receive KRW 700,000 per day of the account between 1-day fee and KRW 3,100,000,00 from the person whose name is unknown, and sent a physical card, which is an access medium to the Agricultural Cooperative Deposit Account (Account Number: D) in the name of the Defendant, to a person whose name is not known, and notified him of the account number and password by a text message.

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 for E;

1. Application of Acts and subordinate statutes to verification certificates, search and seizure inspection warrant and reply materials;

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

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no record of criminal punishment.

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