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(영문) 의정부지방법원 2018.05.02 2018고단780

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, at around November 9, 2017, the Defendant accepted a proposal from a person in non-name to the effect that “to give another person KRW 3 million per 3 million per physical card due to a problem of liquor payment” before the C coffee shop located in Yangju-si B, and then, the Defendant sent a physical card and a password connected with the Saemaul Bank Account (D) in the name of the Defendant to the person in non-name.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for E works;

1. Application of Acts and subordinate statutes of a written confirmation of the results of electronic financial transfer (which means evidence recording 11 pages);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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;