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(영문) 서울남부지방법원 2018.08.29 2018고단1526

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment.

The Defendant appears to have written indictment on December 20, 2017, which stated in the bill of indictment on December 20, 2017, “round December 20, 2018” appears to be a clerical error.

The phrase, “for 400,000 won per day,” from the name influor, “for the purpose of depositing the amount to be exchanged, the physical card is required.” The phrase, “as of December 23, 2018,” written in the written indictment on December 23, 2017, appears to be a clerical error.

In the Seoul New Forest Station, the access media connected to the new bank account (Account Number:B) in the name of the defendant was issued to the person who was not the name.

Accordingly, the Defendant promised to receive wages and lent the electronic financial transaction access media.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. C’s statement;

1. Application of Acts and subordinate statutes of a certificate of confirmation of transfer (22 pages of evidence records);

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant only sknife the name in order to cultivate the work related to the exchange of casino, and there is no fact that he lent it to his name in order to do so.

2. Determination

A. “Lending of access media” under Article 6(3)2 of the Electronic Financial Transactions Act means lending of access media so that another person can temporarily engage in electronic financial transactions by using access media without the supervision and supervision of the user of access media while demanding, demanding, or promising the payment.