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(영문) 부산지방법원 2018.01.24 2017고정247
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on July 2016, the Defendant: (a) received a communication from the early 2016man stating that “I will pay 10% of the money deposited in the passbook if I lend the passbook; and (b) will have the remaining 90% of the money deposited in their passbooks, and (c) agreed to do so; (d) borrowed two copies of the above physical card connected to the bank account in the name of the Defendant’s name (Account Number: C) and the personal bank account in the name of the Defendant to the article of Kwikset in front of the convenience store B1st floor in Busan Fung-gu, Busan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on investigation by the prosecution (to hear statements by telephone and report);

1. The result of factual inquiries by this Court about the Busan Branch of the National Bank;

1. Application of Acts and subordinate statutes on trading transfer;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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