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(영문) 수원지방법원 여주지원 2018.10.17 2018고단771
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 one shall demand and lend any access medium used in electronic financial transactions while promising to demand and supply the consideration.

Nevertheless, the Defendant received a text message that grants money from the account on June 4, 2018, and received the address indicated in the above text message, and thus, “the Defendant is a company in a foreign country, requires a card due to tax issues, etc., and if he/she borrowed the e-mail card for five days, he/she would pay 70,000 won per card.

On June 4, 2018, upon receipt of the proposal, “A” accepted the proposal, a bank access medium with a promise to deliver for consideration the two physical cards and passwords for two (E, F) bank accounts in the name of the Defendant at the C's office located in S'B, in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on investigation (Attachment of suspect H dialogue content), and a photograph of the contents of H dialogue;

1. Application of Acts and subordinate statutes in Part II, a copy of a report on investigation (a copy of a bankbook submitted by a suspect);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 of Article 334(1) of the Criminal Procedure Act was actually used for the actual fraud crime, and the amount of damage therefrom is not so much.

The defendant is against the crime, and the defendant was not actually acquired the price for leasing the approaching medium.

The defendant is the first offender.

The punishment as per the order shall be determined by taking into consideration the age, sex, environment, motive, circumstances, etc. of the criminal defendant's statement together.

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