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(영문) 수원지방법원 2018.12.19 2018고단5441
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 person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on April 3, 2018, the Defendant leased the check card to receive customs benefits from a person who is a company in the name of the head of Si/Gun/Gu, in front of the building and maintenance business office of the head of Si/Gun/Gu, in the name of the head of Si/Gun/Gu.

In response, each Kwikset service article, through each Kwikset service article, provides each account number and password, and then inform the Kwikset of each account number and password to Kwikset.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement and statement protocol for victims (100 pages of investigation records);

1. Data on response to warrant issued by a national bank;

1. Application of Acts and subordinate statutes to a new bank search and inspection warrant and response data;

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

1. Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (the punishment imposed on a violation of the Electronic Financial Transactions Act due to the inter-violation of a violation of each electronic financial transaction Act, and the lending of a bank check with heavy criminal situation)

1. The reason for the sentencing of 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 in favor of the sentence] (the sentencing decision] is a normal confession and reflect; the first offender who has no criminal history; and the fact that the actual use of the access medium is deemed to have not been paid: The damage caused by the singishing crime is serious. Thus, the beginning of the Bosing crime is the time of the singing crime.

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