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(영문) 수원지방법원 2018.11.30 2018고단3041

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on November 20, 2017, the Defendant promised to receive KRW 3 million from the Defendant’s home located in Young-gu, Suwon-si, the Defendant sent a physical card, which is an access medium connected to the deposit account (Account Number: D) in the name of Defendant C, to a person whose name is unknown, and sent the account number and password to the Defendant. On the other hand, the Defendant notified him of the account number and password.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Investigation report (suspect A telephone recording statement hearing report);

1. Application of Acts and subordinate statutes to the details of transfer receipts, data submitted due to the fact, and the access to the P PPP account in the F;

1. Relevant Article of the Act on Criminal facts, Article 49 (4) 2, and Article 6 (3) 2 of the Act on Specialized Financial Transactions in the Selection of Punishment, and the Selection of Fines (the history of confession, reflectivity, and punishment twice a fine due to a crime of this type) concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;