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(영문) 수원지방법원 여주지원 2018.11.13 2018고단782

전자금융거래법위반

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on April 3, 2018, the Defendant is a liquor company, and the check card is required for the purpose of tax reduction.

It is intended to lend the check card to KRW 1.5 million between three days on the face of the check.

“The” shall send a copy of the Cze Card, which is linked to the new bank account (B) in the name of the Defendant at the convenience store near the Innju University, in receipt of the proposal, in the name of the non-party.

Associately, the following persons were informed of the password of the above physical card.

As a result, the defendant promised to receive compensation, and lent an access medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Statement made to C;

1. Application of Acts and subordinate statutes on account transfer;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The rationale for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s access media was used for the criminal act of Bosing, taking into account the unfavorable circumstances, such as the occurrence of the victim’s occurrence. However, we consider the fact that the victim is dead and contradictory, there is no profit gained by the Defendant in substance, and the fact that the Defendant is the first offender.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.