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(영문) 전주지방법원 2018.09.19 2018고단551

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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 December 19, 2017, the Defendant: (a) received the word “to offer 3.5 million won per 3.5 million won per e.g., a e., on the face of the lending of e-mail cards; (b) promised to receive 3.5 million won per e-mail on the condition of lending e-mail cards; (c) promised to receive e-mail cards on the front of the F convenience point located on the first floor of the e-U.S. E. building prior to the same day in front of the F convenience point; and (d) sent e-mail cards connected to the e-mail’s account (Account Number: G) and the e-mail card connected to the e-mail’s account of the Defendant’s name (Account Number: H) by using Kwikset, and sent the above e-mail to an unspecified person via a telephone, respectively, and substituted the access media by notifying the password of the above two cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. An investigation report (report on the posting of text messages and telephone conversations received by the person who was sent the check card prior to the transfer of the check);

1. Application of the Acts and subordinate statutes to the provision of financial transaction information (Korean banks -A);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and Trades (a point of lending an access medium to a price promise) applicable to the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant promises to receive a considerable amount of consideration and lends the approaching medium; the lending of the approaching medium is currently used as a means of preventing various crimes, such as Bosing crimes which have a great social harm; the nature of the crime is bad; the Defendant’s access media provided by the defendant was used for the crime of Bosing and causing specific damage; and the period of suspension of execution after the defendant is sentenced to suspension of execution.