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(영문) 대전지방법원 천안지원 2018.07.20 2018고단806

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

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 store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on January 8, 2017, the defendant is a liquor company, and there is a need for an individual passbook due to tax issues.

Upon receipt of a proposal to the effect that the head of the Tong will use it for 3 days on the face of the week and offer the lending fee of 80,000 won, for the same month;

9. Around 14:00, around the 14:00 Sikwikseter, sent a head of the physical card linked to the company bank account (B) in the name of the defendant to the company bank account under the name of the defendant and sent the password by telephone to the third party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a statement of account transactions that remitted money from damage;

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 crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also becomes a means to facilitate other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant confessions and reflects the crime of this case, and the Defendant has no record of punishment for the same kind of crime, and all other circumstances revealed in the record and the change theory of this case are determined as ordered.