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(영문) 수원지방법원 여주지원 2018.11.02 2018고단936

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the Defendant is in Eincheon-si B on December 11, 2017, and there is a need to pay the liquor price to the liquor company.

If the account is lent for three days, 80,000 won shall be paid for each account.

" Upon receipt of the proposal, each physical card connected to the Agricultural Cooperative Account (D, E) in the name of the Defendant entered the password, and sent the physical card to the person who was not the name, via double the two pages.

Accordingly, the defendant promised to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. Statement of transactions;

1. Application of Acts and subordinate statutes to the statement protocol to F;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s access media on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act shall be considered disadvantageously considering the fact that the Defendant’s access media was used for the criminal act of Bosing, but the fact that it is human and reflect, and that it is an initial criminal with no criminal history shall be considered as favorable circumstances.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.