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(영문) 수원지방법원 안산지원 2017.01.25 2016고단4652

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

In using and managing access media, no person shall lend or lend, keep, deliver or distribute access media with the knowledge that such media is to be used for a crime or to be used for a crime, unless otherwise expressly provided for in other Acts.

Nevertheless, the defendant assumes the staff of the lending brokerage company and makes a low interest loan by creating a result of entrance and withdrawal even if it is not good credit.

When sending the check card under one's name, he/she accepted the proposal that he/she will loan up to 20 million won by piling up the results of entering and withdrawing the check, and accepted it. On August 24, 2016, he/she opened the check card connected to the post office account (Account Number (B) in his/her name to Kwikset service provider who sent the name unclaimed on the roads near the previous station at 337, the 15:00, the 337, the 15:00, the 15:00, and the 337, the 2016.

Accordingly, the Defendant lent the access media for the purpose of using it for fraud, which is obtained a loan by pretending credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. E statements;

1. Inquiry into details of transactions and deposit certificates without passbook;

1. Personal information on each financial transaction, and inquiry into details of each financial transaction;

1. Application of Acts and subordinate statutes to the specifications of transactions by account and copies of a certificate of transaction confirmation;

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) 3 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.