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(영문) 대전지방법원 서산지원 2018.12.20 2018고단949
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium issued by a financial institution or an electronic financial business entity to any third party for the purpose of ensuring the reliability of safety outcomes of electronic financial transactions.

Nevertheless, on August 2, 2018, the Defendant received a proposal from a person who is the head of the team of the B company in the name of the head of the team of the B company in the US-si (hereinafter referred to as the "Seosan-si") to “I would lend the amount equivalent to five million won if he/she sent the check to the head of the B company.”

On August 7, 2018, the Defendant posted one e-mail card connected to the post office account (C) in the name of the Defendant at the Dong Dong-dong post office located in Seogmun-dong, Seosan, Dong-si, Dong-si on August 7, 2018, and then sent the card and the two floors of the Seoul Songpa-gu D building and the two floors to the place of reception, and sent the password by telephone.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. A petition and a written report filed by the bank in body;

1. Application of Acts and subordinate statutes on warrant answer materials;

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 a medium of access to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as it can be used as a means of another crime. The Defendant lent a medium of access to the Defendant was also used for actual fraud.

However, the defendant's mistake and reflects, the fact that there is no serious criminal record other than a fine imposed on other crimes in 196, and the fact that the defendant is deemed not to gain profit from the crime of this case, and the defendant's age, sex, environment, motive, means and result, circumstances before and after the crime, etc. shall be determined as ordered by the order, comprehensively taking into account the following factors.

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