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(영문) 수원지방법원 여주지원 2018.11.16 2018고단961
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on June 21, 2018, the Defendant requires a check card for the purpose of tax reduction from a person who has no name.

It shall be KRW 200,000 per day from the lending of the check card.

“On the front side of the Seoul bus terminal in Gwangjin-gu Seoul Special Metropolitan City upon receipt of a proposal, send one passbook and one physical card connected to the Agricultural Cooperative Account (C) in the name of the person in whose name the person in question was kept in office.

Associately, the following persons were informed of the password of the above physical card.

As a result, the defendant promised to receive compensation, and lent an access medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. A trading statement;

1. Statement made with D;

1. Application of Acts and subordinate statutes to the investigation report (related to the currency content in the nominal account holder);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The Defendant’s access media on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act shall be considered as unfavorable circumstances, such as: (a) the fact that the Defendant’s access media was used for the criminal act of Bosing; (b) the fact that the Defendant’s time and reflects; (c) there was no substantial damage; and (d) the first offender is a first offender.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.

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