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(영문) 서울중앙지방법원 2018.06.28 2018고단1819
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 lend any means of access to electronic financial transactions to any third person in promise to make a consideration.

Nevertheless, on November 2, 2017, the defendant would pay the price for the loan of the head of the Tong from the person who has no name to the name of the head of the Tong on November 2, 2017, and offer money by settling the accounts every month.

“On the same day,” around 14:00, at the Defendant’s residence located in Seocho-gu Seoul, Seocho-gu, B, B02, delivered e-mail cards and passwords connected to the Defendant’s name’s bank account (C) to the Kwikset service article, and leased the above Kwikset service article by allowing the above e-mailer to deliver the above e-mail cards, etc. to the above person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on financial transaction replies;

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 an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is unfavorable to the following circumstances: (a) the act of lending an access medium for electronic financial transactions may impair the safety performance of electronic financial transactions and may be used as a means of another crime; and (b) the Defendant’s leased access medium appears to have been used for committing fraud.

However, the defendant confessions the crime of this case and repents the mistake, there is no record of punishment for the same kind of crime, and there is no economic benefit from the crime of this case. Other factors such as the defendant's age, sex, environment, family relationship, means and result of the crime of this case, etc., the punishment as ordered shall be determined by considering all the factors of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and

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