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(영문) 수원지방법원 여주지원 2018.07.18 2018고단364

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 November 2017, the Defendant was the employee of sports betting companies by telephone from the first and second names in order to use physical cards for the purpose of dispersion because of many sales.

On November 7, 2017, he/she received a proposal that he/she would give KRW 4 million per account when he/she lends his/her check, and around November 7, 2017, he/she issued one physical card, each of which is linked to the bank account (E) and the Saemaul Bank account (F) account of the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the name of the defendant in the name of the Kwikset service, notified him/her by telephone, and lent his

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the results of a warrant of search and seizure verification and replies (the net seven times, and the results of the investigation records 46 through 47);

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. The access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was actually used to commit an actual fraud, resulting in damage, and the damage was not recovered.

There is no benefit acquired by the defendant through lending the access media.

The Defendant is an initial offender who has no criminal history.

The punishment as ordered shall be determined by taking into account all the circumstances, such as the age, sex, environment, motive and circumstances of the crime, etc. of the defendant.