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(영문) 부산지방법원 동부지원 2018.11.01 2018고단1640
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, around April 17, 2018, the Defendant received a proposal that “I will give 80,000 won per day when I lend a e-mail card to a liquor company,” from a person who is in non-name in the vicinity B of Yangsan-si, and accepted the proposal, and sent the e-mail card connected to the new bank account (D) and the same bank account (E) under the name of the Defendant, and sent it to the non-name, and notified 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 with regard to F;

1. Application of new bank response data, new agricultural cooperatives reply data, internal investigation reports (up to arrest of books withdrawing the AA account), investigation reports (Attachment to public inspection records in relation to the nominal account holder), written transfers of each case, written opinions, and written opinions under statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. In the event that an electronic financial transaction access medium is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish the leased electronic financial transaction data, as well as the reliability of the safety performance of the electronic financial transaction may be damaged and may be abused for other crimes such as Bosing. In fact, the Defendant’s leased electronic financial transaction access medium is used for the singing crime, and the leased access medium is two.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the defendant seems to have no profit acquired by the crime of this case, and that the defendant has no power to be subject to criminal punishment.

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