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(영문) 수원지방법원 2018.08.29 2017고단8587
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around 12:00 on September 18, 2017, the Defendant promised to receive KRW 300,000 in return for lending the physical card from a person in the name in the absence of the Defendant’s name for five days in front of the Defendant’s residence in Suwon-si C, and lent its access media by promising Kwikset to receive the price for definite from the name in return for using the personal bank account (D) and the password attached to the Defendant’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of customer information inquiries;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act (amended by the Presidential Decree No. 2000,000 won or less) [the scope of the applicable sentence] of a fine not exceeding 20,000 won for the Defendant’s account: (a) there is a need to strictize lending of an access medium at the time of the Defendant’s criminal act; (b) circumstances favorable to the Defendant’s lending of an access medium in order to obtain financial benefits have occurred due to the Defendant’s lending of an access medium: The Defendant appears to have been able to think that the Defendant had been living in the Kazatan so that he did not know about the Korean financial system and lent the access medium; (c) there is no same criminal history; and (d) the remittance amount deposited in the Defendant’s account was not withdrawn; and (d) the Defendant’s age, occupation, environment, circumstances of the instant crime; and (e) circumstances of the instant crime under Article 51 of the Criminal Act, etc.

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