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(영문) 광주지방법원 순천지원 2018.03.02 2017고단2475
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 any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing access medium used in electronic financial transactions.

Nevertheless, if the Defendant borrowed an account from a person who is not his name, he received a text message that he would give three million won per month in return for the lending of the account.

At around 13:00 on June 2, 2017, the Defendant received 3 million won each month in front of the Defendant’s accommodation, and sent 1 head of the physical card connected to the Defendant’s name bank account (C) via Kwikset Service Articles.

Accordingly, the defendant promised to receive the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing text messages and Kakao Stockholm conversations;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the elective Financial Transactions and Trade, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is the first offender without any previous conviction, reflects the Defendant’s age, sex, family relationship, environment, circumstances, and results of the crime, and other circumstances shown in the pleadings of the instant case, including the circumstances after the crime, etc., shall be determined as ordered by the Criminal Procedure Act.

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