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(영문) 수원지방법원 2018.05.23 2018고단384
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, 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 July 2017, the Defendant agreed to receive KRW 1,00,000 in return for the loan of the head of the physical card from a person in an infinite-si, Suwon-si, Suwon-si, which is 291, in return for the lending of the head of the 1-month card from a person in an infinite-si, and lent a accessible medium by registered mail to a person infinite-si, who is not a person infinite-si, and promised to receive the password and the number of the person infinite-si by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inwards and evidential materials of this body;

1. Application of Acts and subordinate statutes to report internal investigation (the result of execution of warrant - Saemaeul A);

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. The reason for sentencing under Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) of the Trade Union and Labor House Inducement Act [the sentencing range] 200,000 won or less (the sentencing decision] : a fine of KRW 20,000 or less was imposed : a fine of KRW 30,000 or less was imposed : there is a need to strictize lending of an access medium at the time of the crime of Bosing a Bosing; a normal situation favorable to the fact that a victim of actual fraud has occurred due to the access medium lent by the Defendant for pecuniary gain; there is no other attitude against the Defendant’s age, occupation, environment, circumstance of the crime of this case; and circumstances after the crime, etc., the sentence was imposed as stated in the Disposition of the Criminal Act, taking into account the sentencing conditions under Article 51 of the Criminal Act.

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