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(영문) 전주지방법원 2018.05.30 2018고단549
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

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on November 2017, the Defendant: (a) obtained a letter from a deceased person on his name in the name of a police officer, stating that he would be entitled to a physical card because of tax exemption; (b) borrowed a physical card to the effect that he would be paid KRW 6 million per 3 million per page 1 on the face of the week; and (c) promised the Defendant to receive KRW 2 million on the condition that he lent the physical card; (d) around the Defendant’s residence in the front of the Defendant’s residence in the Jeonsan-gu, Jeonsan-gu, Seoul-si, the Defendant lent the Defendant’s bank account (Account Number: E) and each physical card connected to the Defendant’s bank account (Account Number:F) in the same name, using Kwikset-si’s service and lent the password to an unspecified person; and (e) lent the access media through the notice of the password message.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Application of Acts and subordinate statutes to the provision of financial transaction information and transaction statement;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. The crime of transferring the access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as the fact that the Defendant’s access media provided was actually used for an actual crime.

However, the fact that the defendant recognized his criminal act and divided, the fact that the defendant is the first offender, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered by considering various sentencing conditions, such as the age, sex, environment, etc. of the defendant.

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