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(영문) 수원지방법원 안산지원 2019.01.11 2018고단3910
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving any consideration, unless otherwise specifically provided for in any other Act, or may not deliver the means of access.

On August 31, 2018, the Defendant accepted the proposal that “The Defendant would offer to Kwikset Service Articles a physical card connected to the DDR account (E) in the name of the Defendant before the Kwikset Company located in G in Swisung City, with the intention of “I will lend the account as if the account is necessary for the purpose of the transaction of alcoholic beverages for the reduction or exemption of alcoholic beverages.” The Defendant sent Kwikset Service Articles with the personal identification of the account to F.

Accordingly, the Defendant promised to pay and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on financial transaction data response to DDRs;

1. Relevant statutory provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (i.e., the selection of fines, and the Defendant’s actual use of the crime of this case as a means of deceptioning fraud), however, considering the fact that the Defendant reflects the fact, and the fact that the Defendant has no penalty power other than fines once for the last ten years, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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