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(영문) 창원지방법원 2018.01.10 2017고단3397

전자금융거래법위반

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. No person who intends to use or manage an access medium shall receive, demand, or promise to borrow or lend any access medium;

Nevertheless, on May 26, 2017, the Defendant would pay 10% of the face-to-face remittance amount by lending a three-day check from the person who was in a name in front of Kimhae-si D.

“” He listened to the horses and delivered one physical card connected to the new bank account E in the name of the Defendant to the name in the name of Kwikset Service.

As a result, the defendant promised to receive compensation and lent the access media to others.

2. No person who Defendant B shall borrow or lend an access medium in return for payment, demand, or promise to do so in using and managing the access medium.

Nevertheless, on May 26, 2017, the Defendant would pay 200,000,000 won to the Defendant who lent the check card from a person who was in the name of the deceased in front of the Kimhae-si on the street.

“The” listens to horses and delivers a physical card connected to the Saemaul Treasury G account in the name of the Defendant to the deceased via Kwikset Service.

As a result, the defendant promised to receive compensation and lent the access media to others.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Each statement and written statement;

1. Application of the specifications of transactions of automation machinery and the certificate of deposit verification in statutes;

1. Relevant legal provisions and the Defendants’ selection of punishment for criminal facts: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (Selection of penalty)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The access media that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act transferred by the Defendants were used for separate frauds.

On the other hand, the Defendants committed the instant crime.