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(영문) 춘천지방법원 강릉지원 2018.07.26 2018고단491

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 other Acts, no person shall lend a medium requiring or promising to receive compensation in using or managing an access medium.

Nevertheless, on December 15, 2017, the Defendant received a proposal from a person without his name to “be given KRW 800,000 per card under the name of lending for the purpose of processing the annual settlement fees of alcoholic beverage companies.” On December 20, 2017, the Defendant issued a debit card, which is the access media of the bank account (C) in the name of the Defendant, at the Daegu-gu Office, in the name of the Defendant, to the person without his name, via a door-to-door service.

As a result, the defendant promised to pay 80,000 won a day in return for the lending of access media to the name infinite.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on deposit certificates and account transaction statement;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lease of the access medium for electronic financial transactions can be used as a means of another crime and thus requires strict punishment: The first offender is the defendant's age, sexual conduct, environment, motive, means and consequence, the circumstances before and after the commission of the crime, etc. shall be comprehensively considered in light of the above circumstances.