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(영문) 서울남부지방법원 2018.07.05 2018고단1845
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, on February 2018, the Defendant: (a) received a proposal from a deceased person in the name of the first police officer to “to make a 3 million won each month from the beginning of February 2018; (b) accepted the proposal; and (c) around that time, the Defendant sent a e-mail card connected to the KEB Bank Account (B) account in the name of the Defendant to the above person in the name of the deceased person via Kwikset Service.

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 against C;

1. Application of Acts and subordinate statutes to reply materials to a warrant of search and inspection;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of 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 under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, it seems that there is no benefit to the defendant actually acquired through the crime, and the defendant does not have the same criminal records except for two different criminal records, and the punishment shall be determined by taking into account various factors of sentencing, such as the motive and background of the crime, circumstances after the crime, age, sexual conduct, environment, etc.

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