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(영문) 수원지방법원 평택지원 2018.11.15 2017고단2212
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 person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on August 21, 2017, the Defendant is allowed to lend up to 80 million won when he/she has accumulated the performance of the Tong.

When sending a check card, it is intended to post a loan after inserting the performance record.

“ “On the phone,” sent a new bank account number (C) and password under the name of the Defendant, and sent a kwikset with one physical card linked to the said new bank account in Pyeongtaek-si D around 18:00 on the same day, through Kwikset’s service.

As a result, the Defendant promised to pay credit rating through false deposit and return to the name in return for the intangible expected interest of future loans, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each report on investigation;

1. Application of deposit receipts, Defendant’s account information statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. In the sentencing of Article 334(1) of the Criminal Procedure Act, considering the purpose of prohibiting lending of access media, etc. in the Electronic Financial Transactions Act for the reason of sentencing, there is no need to limit directly the relationship between the lending price and the lending price. The transfer of media, etc. requires strict punishment in which the act of transferring the media can be abused as a means of other crime, such as Bosing, etc., and in fact, considering the fact that the Defendant actually suffered fraudulent damage in connection with the access media transferred by the Defendant, even if considering the fact that there is no profits gained ultimately through the instant crime, the Defendant’s criminal records, etc. are considered in sentencing.

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