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(영문) 수원지방법원 2017.11.09 2017고단5018
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

No person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in using or managing access media for electronic financial transactions.

Nevertheless, on April 18, 2017, the Defendant is the director of “B”, who is a liquor company, by telephone from a person who is in an unsound name at a place where the name is unknown.

There is a need for a deposit and withdrawal account in order to be exempted from liquor tax.

If the account is lent for three days, 2 million won will be paid.

“The proposal received and consented to it, and then sent one physical card connected to the account (Account Number:F) of a national bank in the name of the accused at the E-stacked office located in Suwon-si, Suwon-si, Suwon-si, to the address designated by the non-name person, and notified the account number and password by telephone.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of the entry and withdrawal of financial transactions in the principal, each letter, inquiry table of customer information, and details of transactions of entry and withdrawal;

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 act of lending an electronic financial transaction access medium with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not only a serious crime that may not only impair the trust in electronic financial transactions, but also be abused as a means of other crimes, such as telephone financing fraud.

The defendant's access media was actually abused for fraud crime, causing damage.

However, the defendant is not subject to a fine once for a crime of different types, but has recognized the mistake as a person who has no other criminal record, and seriously reflects it.

There is no profit acquired from the crime of this case.

Considering these circumstances;

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