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(영문) 수원지방법원 여주지원 2017.07.19 2017고단501

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium to another person for the use and management of an electronic financial transaction access medium in return for promising to receive such consideration.

Nevertheless, on February 7, 2017, the Defendant received a proposal that he would have the Defendant get loans by accumulating transaction performance when sending a physical card from a person without his name to a person with no name. In the same month, the Defendant received a proposal that he would have the Defendant get loans by accumulating transaction performance.

8. At around 17:30, in the vicinity of the game in which the defendant's dwelling was located, a physical card connected to the National Bank Account (C) in the name of the defendant was issued via Kwikset Service, and the password was notified by telephone and lent the approaching medium in return for payment.

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 concerning financial transactions, search and execution of the principal;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, is the first offender by the Defendant, and the degree of damage incurred by the instant crime is not relatively heavy, a sentence identical to the order shall be imposed in consideration of the circumstances, etc.