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(영문) 수원지방법원 안산지원 2018.07.05 2018고단1335
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 provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration in using and managing access medium for electronic financial transactions.

Nevertheless, on November 17, 2017, the Defendant agreed to lend the Defendant’s deposit account on the condition that “the Defendant subscribed to the insurance with an insurance company for which KRW 3 million or the Defendant works,” and then sent the Defendant’s bank account in the name of the Defendant at the KEB Bank (B) deposit account in the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, via Kwikset-si’s article, and notified the Defendant of the password’s password’s password via the Kwikset-si’s article.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the details of transactions, applications for transactions, and details of deposit transactions in the automated machine;

1. Relevant legal provisions concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is chosen (the choice of a fine shall be based upon the facts constituting a crime, such as the reflection of the nature of the crime, the initial crime, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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