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(영문) 대전지방법원 2018.12.06 2018고정1092

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration in using or managing access medium used in electronic financial transactions.

On April 19, 2018, the Defendant received KRW 500,000 from C University D convenience stores located in the World War B, and received KRW 500,000 for two days, and opened a personal bank account (Account Number E) in the name of the Defendant, one copy of the physical card, which is a access medium used in the electronic financial transaction in the name of the Defendant, was replaced by the name partner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the results of the transfer management by deposit account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime is not only prejudicial to the trust and safety of financial transaction, but also allowing access media leased by the instant crime to be used for various criminal acts. Therefore, the nature of the crime is not less complicated, but it actually causes considerable damage.