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(영문) 수원지방법원 2019.03.21 2018고단7138
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall, unless otherwise specifically provided for in any other Act, lend the means of access while receiving, demanding or promising any compensation, or lend the means of access knowing that they are to be used for any crime or to be used for any crime.

Nevertheless, on July 2017, the Defendant: (a) heard that “I would use the current account when I would pay back obligations to other debtors. I would have borrowed a physical card connected to the account. I would have to reduce or exempt interest on the borrowed money by 5% per month; and (b) knew that I would like to use the means of access that I would prejudice other debtors; and (c) knew that I would like to use the means of access that I would make illegal debt collection by means of threatening against other debtors; and (d) by using Kwikset’s services in the location of D Building near the Suwon-si C located in Suwon-si B, Suwon-si, the Defendant sent one copy of the C-line connected to the Defendant’s name to the account of the National Bank (E) in the same day; and (e) notified the nameless party of the password’s password on the same day.

As a result, the Defendant promised to receive compensation and, while being aware that it will be used for crime, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the customer information inquiry table;

1. Application of Acts and subordinate statutes to a copy of the details of entry and departure transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act regarding criminal facts (which means of access to a means of access to a cost promise) and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (which means of access to a means of access recognizing the use of a crime);

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

1. Selection of selective fine (to be considered as favorable sentencing conditions among the following reasons):

1. The Criminal Act for the detention of a workhouse;

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