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(영문) 수원지방법원 2018.08.08 2018고단2967
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on March 22, 2018, the Defendant promised to receive KRW 3 million from a person who is not aware of his name to receive an account usage fee of KRW 3 million, and sent a physical card, which is an access medium connected to the bank account (Account Number: D) in the name of the Defendant, via Kwikset Service, and notified the account number and password to Kakao Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each authentic document and written statement of E prepared;

1. national bank replies;

1. Application of Acts and subordinate statutes to each investigation report (the 51,94th page of investigation records);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20 million or less: fine of KRW 20 million was imposed (the sentencing decision]; in light of the fact that there is a need to strictize lending of access media, which is the starting point of the crime of Bosing a Bosing a Bosing a Bosing a Bosing; the Defendant’s transfer or lending of a physical card was well known to the effect that it was illegal (the investigation record page 72) while it was well known that the Defendant’s transfer or lending of a physical card was an act of committing the crime of this case for the benefit of financial gain; the fact that there was no record of the crime; the Defendant’s age, occupation, circumstance of the crime of this case; and the circumstances of the crime of this case; and the sentencing was determined by taking into account the following circumstances as prescribed in Article 51 of the Criminal Act.

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