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(영문) 수원지방법원 여주지원 2018.11.07 2018고단560
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, the defendant will pay 3 million won per page on the face of a week by lending a card from a person who has no name to a third party.

" Upon receipt of the proposal, around 15:00 on February 23, 2018, from Ekwikset service article who sent two copies of the physical card, each linked to the Agricultural Cooperative Account (Account Number C) in the name of the defendant and the Bank Account (Account Number: D) in Ekwikset service article, respectively, to which the above bearer was sent.

As a result, the defendant promised to receive the consideration and used the approach media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A calendar in the body of persons damaged by damage;

1. A list of transactions of automatic deposit and withdrawal of cash;

1. Data on financial statements;

1. Application of statutes concerning the provision of financial transaction information;

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

1. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was used for the actual fraud crime, and the damage was caused thereby.

The defendant led to the confession of the crime and the mistake, and did not actually acquire the price for lending the approaching medium.

The Defendant is an initial offender who has no criminal history.

In addition, the punishment shall be determined as ordered in consideration of all the circumstances, such as the age, sex, and environment of the defendant.

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