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(영문) 수원지방법원 2018.05.04 2018고단148

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, around September 27, 2017, the Defendant promised to receive KRW 3 million per month from a person in a name in return for lending one physical card necessary for the operation of a private soil site from the person in a name in return for the lending of one copy of the physical card to the defendant's bank account (B) on September 27, 2017, and lent one copy of the physical card connected to the defendant's name in Korea bank account of the defendant's name through Kwikset service article, while lending the password and the account number to Kwikset to receive a consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of reply statutes to a warrant of search and inspection to our bank;

1. Relevant Article of the Act on Criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of a fine (the fact that the defendant is against the time of committing the instant crime, the fact that the defendant has no record of criminal disposition, the circumstance of committing the instant crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;