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(영문) 수원지방법원 2018.03.29 2017고단8329
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 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, on September 25, 2017, the Defendant promised to receive KRW 3 million per account in return for lending an account to be used by a logistics company from a person without a name or a non-name in front of the Suwon-si C Hospital, which was located in Suwon-si B, for a daily day. On September 25, 2017, the Defendant lent the access media by promising to receive KRW 3 million per account from a national bank account under the name of the Defendant (D) and one bank account (E) through an article of Kwikkset service, and by promising Kwikset to return each password and account number to a person with no name to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. Police seizure records;

1. Investigation report (a warrant of search and seizure verification and reply: National Bank);

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

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

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

1. Selection of an alternative fine for punishment;

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

1. The act of transferring media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act should be strictly punished in light of the abuse of the means of other crimes. However, in light of the fact that the Defendant recognized the Defendant’s mistake and rebuttals, and that the Defendant has no particular criminal history other than twice a fine, it is ordered as per Disposition.

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