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(영문) 수원지방법원 2018.06.07 2018고단1715
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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, at around 14:00 on December 26, 2017, the Defendant promised to receive 600,000,000 won per day from the Defendant’s home located in Suwon-si, Suwon-si, a total of 1,20,000 won per account, from a person whose name is unknown, to receive 60,000 won per account, attached on the back of the physical card the paper, in which the account number and password are indicated, and then sent two physical cards, which are one of the access media of the Defendant’s bank account (C:Account Number) and the new bank account (Account Number:D) to a person whose name is unknown using Kwikset-si’s service.

Accordingly, the Defendant promised to pay for the damages 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 concerning official receipts, provision of financial transaction information, and Kakao data;

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. Selection of an alternative fine for punishment;

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 undermining 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 telephone 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 by taking into account the fact that the defendant recognized a mistake and reflects the fact that there is no benefit acquired by the crime, and that it is a person who has no previous record, and taking into account other factors that constitute the sentencing

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