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(영문) 수원지방법원 성남지원 2017.03.23 2016고단2779

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium while promising to make a price.

Nevertheless, on May 12, 2016, at the defendant's house located in Seongbuk-gu, Sungnam-gu, Sungnam-si, the defendant sent a physical card and password to the name in the name of the defendant using Kwikset's service, and in return, it is determined that there is no substantial disadvantage to the defendant's exercise of his right of defense by receiving KRW 1 million per month from the payment of KRW 1 million per month to the loan of KRW 5 million. Thus, the defendant added "in return, by obtaining a loan of KRW 5 million, it shall be recognized as above without any changes in the bill of amendment."

The Defendant lent a financial institution’s access medium to a third party, in order to obtain a loan of KRW 5 million from the investigation stage to the court, sent a check card to a person with no name.

Recognizing that the Defendant lent a medium access to the purpose of receiving the loan;

Even if the delivery of the access medium is more than the means for receiving the loan, it can be seen that the delivery of the access medium allows another person to conduct electronic financial transactions at will using the access medium.

Therefore, the defendant is judged to have leased the access media with the promise of intangible profit(price) to receive a loan.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Details of transactions (No. 5 No. 5 of the evidence list) and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in which punishment is selected, the choice of fines (the fact that the payment of a fine has not been suspended for the above account and damage has not occurred as a result of the failure to do so, the age and health conditions of the accused, and the circumstances after the crime shall be considered);

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

1. The Criminal Procedure Act of the Provisional Payment Order.