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(영문) 수원지방법원 안양지원 2017.10.27 2017고정563

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

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 keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, at around 14:00 on February 14, 2017, the Defendant: (a) lent a bank account under the name of the Defendant from a person in an infinite to a third party; and (b) promised to receive KRW 2,00,000 per account from a person in an infinite to a third party; (c) opened a physical card connected to the company bank account in the name of the Defendant through Kwikset Service Articles and (d) and provided a telephone with each of the password numbers.

As a result, the Defendant promised to pay the price, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing certificates of deposit transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;