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(영문) 수원지방법원 2018.08.29 2018고단3236

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 9, 2017, the Defendant promised to receive KRW 2 million from the person who was in non-defluence in his name from the non-defluence in the non-defluence area (hereinafter referred to as the "Swikset-si"), and promised to receive KRW 2 million from the non-defluence of the head of the Tong, the Defendant’s name-defluence in B bank account access media in the name of the Defendant, through Kwikset-si service, and notified 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. Statement made by the police against D;

1. Application of Acts and subordinate statutes to transaction statements and provision of financial transaction information;

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. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses constitutes a means to facilitate other crimes against many unspecified persons, such as Bosing, etc.; the physical card offered by the Defendant was used for the crime of Bosing, which actually iced a loan; the Defendant committed the instant crime without being able to do so during the period of repeated offense due to a crime of this paper; and the Defendant’s mistake against the Defendant