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(영문) 부산지방법원 동부지원 2018.05.17 2018고단264
사기등
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

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, around July 3, 2017, the Defendant received KRW 1.50,000 per account from a person who was in a name in front of the building in Busan-gu, Busan-gu, and notified the name in the name in the name in the name in the name in the name in order to obtain 1,50,000 won per account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement prepared by the defendant and E;

1. The defendant and his defense counsel asserted that he did not have any intent to lend the e-mail card while promising the e-mail to give the e-mail card to the nameless person on the ground that he received money from the defendant's account as the e-mail work at home from the person without his name and received a proposal to transfer the e-mail card from the person without his name to the customer with his name and received the price for the e-mail card, and that the e-mail card is needed to register the e-mail card, and that the e-mail card is temporarily recorded in the nameless person. However, the defendant and his defense counsel did not have any intent to lend the e-mail card while promising the e-mail to give the e-mail to the person with no name as stated in the facts charged. However, there is insufficient evidence that

Even if a “loan of an access medium” under Article 6(3)2 of the Electronic Financial Transactions Act refers to an act of lending an access medium to another person temporarily use an access medium without the supervision and supervision of the user of the access medium (see Supreme Court Decision 2016Do8957, Aug. 18, 2017). As such, “a lending of an access medium” refers to an act of lending an access medium to another person for receiving money from another person, and in relation thereto, the said act refers to an access medium.

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