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(영문) 수원지방법원 2018.09.07 2018고단3467

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 person shall transfer any access medium to any third person or lend or lend any access medium in promising to use or manage the access medium of electronic financial transactions.

Nevertheless, on January 2018, the Defendant received a proposal from a person who was in the name of the Defendant to “to give KRW 1 million on the face of the week from lending the passbook for three months.” At that time, the Defendant received KRW 1 million from a person who was in the name of the Defendant’s bank account (B) and lent the passbook, OTP, physical card, etc. to the Defendant’s access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s authentic statements and written statements;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 49 (4) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines (the initial crime, confession, and reflect);

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;