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(영문) 의정부지방법원 2018.04.27 2017고단5792
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. 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 transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on November 15, 2017, the Defendant: (a) borrowed the account to operate a private sports climate for three days from a person without his/her name; (b) lent a medium of access to the account to the account; and (c) delivered Kwikset cards connected to the Agricultural Cooperative (C) account opened in the name of the Defendant through Kwikset service at the front of the Namyang-si, Namyang-si; and (c) delivered Kwikset cards connected to the Agricultural Cooperative (C) account opened in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Answer to a warrant of search and seizure;

1. Application of Acts and subordinate statutes to transfer;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is a lending of the CPC, which is an access medium to electronic financial transactions, by promising the defendant to receive the price.

Currently, the transfer and lending of an approaching medium is being carried out as a means to commit various crimes, such as Bosing crimes, illegal sports discussions, etc., which have a significant social harm. In fact, the access media delivered by the instant crime has been used for Bosing crimes, and an investigation into the instant crime has commenced.

In addition, the Defendant committed the instant crime during the period of repeated crime, and therefore, the nature of the instant crime is heavy.

However, all of the defendants' crimes are committed.

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