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(영문) 광주지방법원 목포지원 2017.09.15 2017고정345
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 with the receipt, demand or promise of compensation, or keep, deliver or distribute it, lend or lend any access medium with the knowledge that it will be used for a crime or be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.

Nevertheless, around March 6, 2017, the Defendant received KRW 100,000 each day in return for lending physical cards from the street in front of the “Cel” located in the Nampo City located in B, and leased the physical card and its password connected to the Defendant’s corporate bank D account in the name of the Defendant to the de facto business operator and lent the access media necessary for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A simplified E statement;

1. Detailed statement of 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 and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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