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(영문) 수원지방법원 2018.04.19 2018고단387

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, at around 13:30 on May 30, 2017, the Defendant promised to receive KRW 3 million from his name in return for the loan of two physical cards to be used for the reduction or exemption of taxes from the Kwikset Company, and lent Kwikset-based media by using Kwikset-based service articles with each one of the physical cards connected to the new bank account (D) and one bank account (E) in the name of the Defendant, while sending back to the name in return for the notification of each password and account number to Kwikset-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of search warrant submission data, request for suspension of telephone finance fraud number, and copy of one bank passbook;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant crime is that the Defendant committed the instant crime even during the period of repeated crime; the Defendant’s act of committing the instant crime; the Defendant’s act of lending access media to many victims causing damage by abusing the access media; the disadvantage of the Defendant’s actual use in criminal act; the favorable circumstances for the Defendant’s confession of the instant crime; the Defendant’s age, sex behavior, environment; the motive, means, and consequence leading up to the instant crime; the circumstances before and after the instant crime; and Article 51 of the Criminal Act as indicated in the records of the instant case.