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(영문) 전주지방법원 2018.01.19 2017고정840
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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.

1. Nevertheless, around May 31, 2017, the Defendant, in front of the Defendant’s residence located in 09:00, in front of the Defendant’s residence in Yansan-gu, Yansan-gu, the Defendant directly lent a copy of the physical card, which is linked to the Defendant’s name-based credit account (D) in the name-based name, that “I would give KRW 3 million to the advance payment for the use of the passbook between the month in which the passbook was given,” and that “I would give 3 million won to the advance payment for the use of the passbook.”

2. Nevertheless, on June 2, 2017, the Defendant listened to the phrase “F” in the Full-si, Busan Metropolitan City E, that “If sending the physical card and password, the Defendant would pay the maximum amount of petroleum proceeds to KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of H, I, J, K, L, M, N, andO;

1. Each detailed statement of transfer;

1. The application of Acts and subordinate statutes to report internal investigation (the confirmation of points of account opened and the case involved);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (excluding punishment) and Article 6 (3) 2 of the same Act (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as Bosing, etc., the access media lent by the defendant was used for the crime of fraud, and the defendant has a record of having been punished several times as criminal punishment.

The defendant recognizes the crime of this case for favorable reasons.

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