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(영문) 수원지방법원 2018.06.26 2018고단2321

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

Criminal facts

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

Nevertheless, the Defendant agreed to receive KRW 2 million from the 10th floor of the building B in the middle of 2018, from a person whose name is unknown, to receive KRW 3 to 5 days from the person whose name is unknown, and sent a physical card, which is an access media of the Saemaul Treasury Deposit Account (Account Number (C) in the name of the Defendant, to a person whose name is unknown using Kwikset Service, and notified him of the account number and password by telephone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the account transaction details after completing the course;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a warrant of search and inspection of search and reply materials);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (the following circumstances are taken into account: (a) the Defendant’s selective fine for a crime of this case is divided and reflected; (b) economic difficulties are expected to result in the crime of this case; (c) there is no benefit from the crime of this case; (d) there is no benefit from criminal punishment; and (e) there is no benefit from criminal punishment; and (e) there is no benefit from the crime of this case; and (g) the Defendant’s access media

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;