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(영문) 수원지방법원 2018.05.30 2018고단1737

전자금융거래법위반

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, 40 days.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on October 12, 2017, the Defendant agreed to receive KRW 111,10,000 from the person in distress of his name in front of the sealed post office, the fee for 3 days per head of Tong, and notified Kwikset of the name-based company B account access media in the name of the Defendant, through Kwikset, one physical card, which is an access medium to the company bank B account in the name of the Defendant, to receive KRW 1,80,000,000 from the person in distress.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of deposits;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. The reason for sentencing under Articles 70(1) and 69(2)(1) of the Criminal Act (a day to 100,000 won) of the Trade Union and Labor House Inducement Act [the scope of statutory penalty] [the sentence] imprisonment for not more than three years or a fine not exceeding 20 million won [the sentence] that is disadvantageous: In light of the fact that there is a need to strictize the act of lending access media, which is the starting point of the crime of Bosing, and that there is a favorable attitude for the victim of actual fraud due to the access media, which is lent by the defendant to obtain monetary benefits, the defendant appears to have committed a confession and seriously against the victim: the defendant's age, occupation, environment, circumstances of the crime of this case, details of the crime of this case, and the circumstances after the crime, etc., the sentence was imposed as per the order of sentencing under Article 51 of the Criminal Act.