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(영문) 수원지방법원 2018.03.26 2017고단7779
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, at around 15:00 on August 12, 2017, the Defendant promised to receive KRW 3,000,000 in return for the loan from the Defendant’s home located in Suwon-si, Suwon-si, to use the physical card to evade tax from a person who assumes the name of the employee of the liquor company, and lent the access media by promising to receive the price through Kwikset service article, stating the head of the physical card and the password and the serial number in connection with the Defendant’s bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition for DNA preparation;

1. Application of the statutes notifying data on financial transaction status;

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 transferring 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 custody of the workhouses is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The fact that the physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, and that the Defendant reflects the wrongness of the Defendant.

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