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(영문) 수원지방법원 여주지원 2018.11.28 2018고단945
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 expressly provided for in other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

Nevertheless, on June 27, 2018, the Defendant would offer KRW 2,100,000 per week from a person who has no name to the name of the Defendant for a day.

“B Upon receipt of the proposal, send a physical card connected to the Saemaul Treasury Account (C) under the name of the Defendant to the name of the non-resident, stating the head of the physical card and the password, to the name of the non-resident.

was issued.

As a result, the defendant promised to receive compensation, and lent an access medium to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Transfer receipt;

1. Data on financial transaction information in the accounts of Saemaul Treasury A;

1. Application of Acts and subordinate statutes to the details of the transactions of the entry into and departure from the Saemaul Treasury;

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 access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used for the actual fraud crime, and damage was incurred.

The defendant's mistake is against the defendant.

The Defendant was unable to lend an access medium and to actually acquire the price therefor.

The defendant has been punished by a fine for a traffic-related crime in the past and has no criminal record of the same kind.

Other circumstances, such as the age, sex, environment, family relationship, motive and circumstances of the defendant's statement, and circumstances after the crime, etc., shall be determined as per the order.

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