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(영문) 수원지방법원 2018.05.17 2018고단1474
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 provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

On December 14, 2017, the Defendant requires an account to be subject to tax reduction or exemption of alcoholic beverages from a person who assumes a false name of D agency in Suwon-si B.

If a postal card is sent, 80,000 won shall be paid 2,40,000 won per day for three days.

“The proposal received and consented to the proposal, sending two total numbers of physical cards connected to the account (E) in the name of the Defendant, and our bank account (F) and informing the password to the mobile phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Application of the police statement G of the defendant's legal statement G of the statement G of the police to the defendant's automatic statement statement statement statement statement statement of the cash payment deadline, response to a request for submission of financial transaction data, C post-paid cargo receipt, details of deposit and withdrawal transactions, and application of the Acts and subordinate statutes of the Republic of Korea;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The act of lending the Defendant’s normal electronic financial transaction access media that is disadvantageous to the Defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only a crime that not only undermines the trust in electronic financial transactions, but also causes damage to a large number of victims by using the leased access media in a criminal act such as telephone finance fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

Recognizing and opposing the normal mistake favorable to the defendant.

There is no profit acquired by crime.

.for the same kind;

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