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(영문) 수원지방법원 여주지원 2018.10.31 2018고단822

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, on March 21, 2018, the Defendant is an alcoholic beverage company, and the check card is required for the purpose of tax reduction.

It is intended to lend the e-mail card to KRW 3 million between 3 days on the face of the lending.

“ ” shall in receipt of the proposal and send one copy of the physical card linked to the account (B) of the Defendant’s name in front of the point of Ethacheon-si in the Changdong-dong of the Republic of Korea in the name of Ethacheon-si.

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. Statement made by the police against C;

1. Account transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the submission of suspect letters and the filing of photographs to the Kakao Stockholms);

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. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used for actual fraud.

However, the defendant immediately withdrawn the money deposited into his account connected with the above access media and subsequently recovered the damage of the crime of fraud.

The defendant was unable to actually acquire the price for leasing the access media.

Although the defendant has been punished for a fine twice, he/she has no record of being punished for the same crime.

Defendant reflects on crimes.

The punishment shall be determined as per the disposition, in consideration of the age, sex, environment, motive, circumstances, etc. of the crime.