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(영문) 수원지방법원 2018.03.08 2018고단200
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, at around 14:00 to 15:00 on September 26, 2017, the Defendant promised to receive KRW 800,000 per day from a person in the name in the name in Suwon-si B to lend two accounts to be used for the reduction of alcoholic beverages for three days in return for the loan of two accounts from a person in the name in the name in the name in the name in the name in the name in the name of the Defendant’s bank account (D and E) and sent one copy of the physical card connected to the Defendant’s name in the name in the name in the name in the name of the non-person in the name of the Defendant’s bank account (hereinafter referred to as “C and E”), and lent the access media

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to the details of transactions of automation machinery, official receipts, and details of transactions of entering and withdrawing money;

1. Article 49 (4) 2, Article 6 (3) 2, and Article 2 subparagraph 10 of the same Act concerning the facts constituting an offense;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, while recognizing the illegality of the sentencing, the Defendant was disturbing the order of financial transaction by lending an access medium for his own interest. Moreover, the Defendant’s lending cream cards were used for the singinging crime, and the third victim was sing down.

However, the Defendant had no record of punishment before the instant case.

Some of the money deposited in the account of the access media lent by the defendant is withdrawn without the consent of the defendant, and there is some damage to the defendant.

The Defendant recognized the instant crime and runs against the Defendant.

The defendant actually acquired the crime of this case.

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