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(영문) 수원지방법원 2018.09.04 2018고단2969
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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, at around 15:00 on January 25, 2018, the Defendant issued a proposal to the effect that “I are alcoholic beverage companies, our liquor companies, and will use the accounts to be used for tax reduction and exemption, for three days, and will offer 2.4 million won per opening with usage fees (8 million won per day).” Accordingly, the Defendant provided Kwikset Card 1 and F Bank (G) account connected to the D Bank (E) account in the name of the Defendant, and notified each password to H through Kwikset-based service article.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to verify transaction details (JA) and to report on investigation of financial transaction replies data (Dbanks);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. For the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, considering favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s instant crime, circumstance before and after the instant crime, and other various sentencing conditions as specified in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant was used in the criminal act and inflicted damage on a third party, the recognition of the Defendant’s mistake, and the fact that there is no record of the same kind of crime, etc., the sentence like the order shall be imposed.

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