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(영문) 수원지방법원 2018.08.28 2018고단3253
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 any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, on March 28, 2018, the Defendant received a proposal from a person who was in the name of the defendant, stating that "on three million won shall be paid at the third day on the face of the defendant who lent the physical card", and accordingly, in response thereto, the Defendant sent one physical card connected to the new bank account (C) in the name of the defendant in front of the defendant's home located in Suwon-si, Suwon-si, Kwikset Service, and notified him of the password.

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 inquire into an application for bank transactions and account details as a result of the process of transfer by bank account;

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

1. For the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, considering favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s instant crime, circumstance before and after the instant crime, and other various sentencing conditions as specified in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant was used in the criminal act and inflicted damage on a third party, the recognition of the Defendant’s mistake, and the fact that there is no record of the same kind of crime, etc., the sentence like the order shall be imposed.

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