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(영문) 수원지방법원 2018.10.25 2018고정1366

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

Punishment of the crime

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

Nevertheless, around March 5, 2018, the Defendant received a proposal from a person who was in the name in front of Yeongdeungpo-gu, Suwon-gu, Suwon-si, stating that “The Defendant would have 3 to 5% of the deposit amount by leaving the account for the purpose of opening and withdrawing gambling money” from the person who was not in the name of the Defendant, and then, through Kwikset’s service, one of the C-bank accounts in the name of the Defendant, and the C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S

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 for E;

1. Application of the Act and subordinate statutes to a report of investigation (to present and report the details of Korean banks);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Punishment stipulated in Articles 40 and 50 of the Criminal Act for the violation of the Electronic Financial Transactions Act due to the lending of a cyke card from a cyke bank, the administration of which is heavier (Punishments stipulated in the violation of the Electronic Financial Transactions Act);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;