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(영문) 춘천지방법원 영월지원 2018.08.07 2018고단203
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 borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the defendant would give 300,000 won to a person under his name who borrowed a physical card from another person.

"Around 16:00 on December 6, 2017, at the Young-gu post office located in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul, 33, a 20-day e.g., the defendant's name, sent a e-mail card connected to the post office account (Account Number B) under the defendant's name to "D located in Gangnam-gu, Seoul," which was designated by the person in whose name the card was not registered, and lent the access media by sending the account number and password to the third party using the Kakakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on investigation (related to confirmation as to whether selective distribution is received), notification related to cooperation in investigation;

1. A written petition, a written statement, or a certificate of details by member trading account;

1. Responses to requests for financial transaction information, provision of personal information, and application of Acts and subordinate statutes regarding financial transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the crime of this case, and the defendant has no record of criminal punishment. The crime of this case is a case where the defendant lends the access media used for electronic financial transactions with payment to the defendant, thus infringing on the safety and reliability of electronic financial transactions as well as infringing on the security and reliability of electronic financial transactions, and it is highly likely to be abused as a means of crime such as telephone, singing, etc., and the access media leased by the defendant was actually used for the second crime.

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