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(영문) 수원지방법원 2018.04.26 2018고단459
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

The defendant sent money from a foreign company to a Korean company, "The defendant will lend a personal check card to a foreign company with KRW 100,000 per day.

We send a e-mail card to us, and us will provide e-mail card to us.

If a party transfers money deposited by the post office to the party's new account, we will withdraw money with the post office card sent by the party's mail.

On October 19, 2017, around 20:0 to 21:00, in response to the proposal of a person without a name, he/she opened a physical card connected to the National Bank Account (E) in the name of the Defendant to the person without a name, and notified the password to the person without a name, and stored an access medium for the purpose of lending a post office card (credit number F) in the name of a person without a name, by promising him/her to receive a price by using a four copies of the card in the name of a person without a name to receive a price for the crime at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Confirmation of transaction details, and details of transactions of entering and withdrawing funds;

1. Application of Acts and subordinate statutes related to post office post office fitness cards photographs;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on the Electronic Financial Transactions and Transactions (a means of lending an access medium) concerning the facts constituting an offense, and Articles 49(4)2, and 6(3)3 (a point of keeping an access medium) of the Act on the Electronic Financial Transactions and Transactions (a point of keeping an access medium);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the access media leased by the defendant for the reason of sentencing of the sentencing of the Criminal Procedure Act is used for the criminal act, the defendant's error is recognized, the account of the defendant can be immediately suspended from payment and can not be withdrawn from the amount of damage, and other favorable circumstances such as the defendant's age, sex, environment, and the defendant's crime of this case.

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