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(영문) 창원지방법원 통영지원 2017.07.13 2017고단551

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the Defendant, upon receiving a proposal from a person in the name name, proposed that he/she would pay the borrowed account for 15% of the total daily deposit amount on a face-time basis by lending the borrowed account for 3 days due to the tax problem of B, and around January 5, 2017, at around 12:30, C apartment 104 Dong 502, the Defendant would receive a certain amount of money in return for lending the electronic financial transaction access media in the Defendant’s name for 3 days, and issued Kwikset service articles, who sent the name of the unswikseter, a personal bank physical card (Account Number: D) and password, which are access media.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigative report (to attach a detailed statement of telephone conversations between the nominal holder of the receipt account and entry and departure from the account);

1. A written petition, a written application for temporary repayment, and a deposit certificate;

1. Application of F’s written Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it is due to this case.