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(영문) 전주지방법원 2019.05.23 2018고단2183
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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, around January 2018, the Defendant needs to keep an account to reduce the amount of alcoholic beverages from a person who has not been his/her name. If the Defendant borrowed a check card or cash card, the Defendant would receive a proposal and accept it.

1. On January 17, 17, the post office (Account Number): passbook C; cash card linked to this account; password; one cash card linked to the bank account under the name of the defendant; one and password; one cash card linked to the G cooperative account under the name of the defendant; and one and password linked to the G cooperative account (Account Number: H); and one cash card linked to the F, under the name of Kwikset.

Accordingly, the Defendant promised to receive the payment of the means of access for electronic financial transactions and lent it to each other.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement to I;

1. Written Statement;

1. Investigation report (based on the analysis of digital evidence of A's cell phones), suspect A mobile phone electronic information (deficial, etc.), digital evidence analysis report, investigation report (in case of a person in charge of a alcoholic beverage business, investigation report on K), investigation report (related to confession of a suspect), application of Acts and subordinate statutes;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, runs counter to the Defendant under detention for a considerable period of time while making a confession of the instant crime.

In addition, the defendant's age, character and conduct, family relationship, motive and consequence of the crime, and after the crime is committed.

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