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(영문) 전주지방법원 2018.11.08 2018고단1735
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 and managing the access medium.

Nevertheless, the Defendant, on June 7, 2018, assumes a false name from a person who assumes a false position as an employee of a liquor company, “on the first day of lending an account, 70,000 won, 80,000 won, and 90,000 won, in total, 2.4 million won.”

“On the proposal, in return for promising to receive KRW 2,40,00 on condition of lending the e-mail card, at around 15:00 on the same day, the Defendant’s home located in 15:0,00 the e-mail B main apartment B 401,602, in the name of the Defendant, sent the e-mail card, etc. connected to the Defendant’s new bank account (Account Number: C) with Kwikset’s service, and lent the access medium by informing the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on the provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Aggravated Punishment, the Defendant, in response to the proposal that he would be required to use the access media for the reduction of or exemption from taxes of liquor companies, without permission, lent the access media used for electronic financial transactions to a person who is not known in compliance with the proposal that he would pay for the lending of the access medium. Since the access media leased by the Defendant was actually used as a means of committing fraud, the case is not weak

However, according to the conversation between the defendant and the defendant, the defendant was the first offender, recognized the mistake and reflect, and the defendant was given and received, the defendant lent the previous access media to the defendant, without being aware that the access media he lent was used for the fraud crime such as Bosing.

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