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(영문) 수원지방법원 2018.04.18 2018고단821
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, around July 27, 2017, the Defendant agreed to receive KRW 3 million per week from a person who was unable to know the name of the Defendant’s office in Osan-si B, a single name “C Logistics Team D representative of a small-scale logistics company” from a person who was unable to know the name, and delivered a physical card, which is an access medium of the Defendant’s bank account (Account Number: E) and a password, to a person whose name is unknown using Kwikset’s service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Details of funds transfer, and application of Acts and subordinate statutes on response to financial transaction information;

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. The crime of transferring an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes against many unspecified persons, such as Bosing, etc. The physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, the Defendant had the record of the suspension of indictment for the same kind of crime, and the Defendant is against the wrongness of the Defendant.

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