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(영문) 전주지방법원 2018.05.30 2018고단604
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 expressly provided for in any other Act, no one shall borrow or lend any access medium to secure the authenticity and accuracy of users and details of electronic financial transactions while receiving, demanding or promising to receive compensation therefor, or keep, deliver or distribute such medium.

The defendant is a company operating member of the automobile company.

The Defendant, as the head of B Company C, received the letters of passbook and physical card to be used for the reduction and exemption of alcoholic beverages, and contacted the name influor with the name influor, “to purchase a truck to be used in the Teluoring liquor company to lend the physical card,” and received the consent from the name influor.

On December 24, 2017, the Defendant issued a physical check in connection with the name of the Defendant’s bank account (Account Number:F) and notified the name in the phone of the name in the name in a secret title to the door-to-door E sales agency located in Geumcheon-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant lent the above e-mail card, which is a access medium used in electronic financial transactions, to demand or promise compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes on bank response data concerning the execution of warrants;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. A favorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances favorable to the defendant include: (a) the defendant repents and reflects his mistake; (b) there is no evidence that there exists any profit gained from the crime of this case; and (c) there is no record of criminal punishment exceeding the fine.

Unfavorable circumstances: The crime of this case is committed in return for the promise of the defendant to pay the price to lend the approaching medium.

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