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(영문) 수원지방법원 2018.06.27 2018고단2332
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

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, at around 13:00 on January 11, 2018, the Defendant agreed to receive KRW 2,00,000,000 from a person who is not aware of his/her name in front of the Yongsan-si Volunteer Center, the Defendant sent a physical card (Account Number: C) to a person whose name is unknown using Kwikset’s access media, while informing him/her of his/her account number and password using the Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to telephone records, receipt of remittance from accounts, official documents related to licensing, data on financial transaction replies, and CCTV reply data;

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. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, and the fact that the physical card offered by the Defendant was actually used for the crime of licensing, and that the Defendant reflects the wrongness of the Defendant.

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