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(영문) 수원지방법원 2017.10.11 2016고단5791
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on May 31, 2016, the Defendant agreed to receive KRW 1,500,000 per access medium from the office in front of the building in Suwon-si, Gyeonggi-do, the Defendant lent access media and acquired money. On May 31, 2016, the Defendant agreed to receive KRW 1,50,000 per access medium from the office in front of the building in which the Defendant works in Suwon-si, Gyeonggi-do, the Defendant sent a personal card connected to the new cooperation account (D), the Agricultural Cooperative account (E), and notified the password by telephone.

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

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes on the details of financial transaction information, investigation report (Attachment of text A to the nominal account holder), and deposit and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions 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. The crime of lending an access medium under the Electronic Financial Transactions Act for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes committed against many and unspecified persons, such as Bosing, and taking into account the fact that the physical card offered by the Defendant was actually used for the crime of licensing, in which the physical card offered by the Defendant was actually used for lending.

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