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(영문) 광주지방법원 2018.01.24 2017고단5620
전자금융거래법위반
Text

The sentence against the accused shall be three million won.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive compensation in the course of using or managing the access medium for electronic financial transactions.

However, on June 7, 2017, the Defendant received a proposal from the “B” person who was unable to identify his/her personal information and received a payment of KRW 3 million if he/she lent a bank account that is not used for three days. On June 8, 2017, the Defendant sent the physical card connected to the National Bank Account (Account Number (Account Number (D) to the boxes and sent it to the said “B” through Kwikset Service Articles where the personal information cannot be identified.

Accordingly, the defendant lent the electronic financial transaction access media in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on the electronic financial account;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is likely to be misused for a crime, and thus requires a strict punishment for the act of lending an access medium is required. The Defendant’s leased access medium actually used for a financial fraud crime resulting from damage, the Defendant has no economic benefits derived from the instant crime, the Defendant has no record of receiving punishment for the same kind of crime, the confession of the crime, and the fact that the mistake is divided into several parts, taking into account the fact that the Defendant’s age, sex behavior, environment, background of the crime, circumstances after the crime, etc., and the sentencing factors as shown in the instant argument are determined as indicated in the order.

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