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(영문) 전주지방법원 남원지원 2018.09.18 2018고정28
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on April 30, 2018, the Defendant gave KRW 80,000,00 to a name-free person who assumes the position of an alcoholic beverage company called “B” for three days.

“” Subject to a commitment, through C, sent the passwords of the physical card connected to the account under the name of the Defendant via C, and sent one copy of the above physical card to the name in the name in the G G account located in the Namwon City F around 15:00 on the same day through the line from the G account located in the Namwon City F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Details of transfer;

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 act of transferring an access medium used in electronic financial transactions for the reason of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it is likely to be misused as a means of other crimes, such as singing, etc., the access medium actually transferred by the defendant is used for singing crimes, and all other factors of sentencing as indicated in the argument of this case shall be determined as per Disposition, taking into account all the factors of sentencing as indicated in the argument of this case.

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