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(영문) 수원지방법원 2017.11.23 2017고단5250
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 borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, at around 14:30 on May 12, 2017, the Defendant promised to receive KRW 300,000 in return for lending the passbook opened in the name of the Defendant from a person who misrepresented his/her employees from his/her name in the name of the Defendant for three days, and sent the physical card, which is linked to the new bank account (D) in the name of the Defendant, and one and one password connected to the Nong Bank account (E) through Kwikset service article.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of the police against the defendant (including a business registration certificate attached thereto);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of subparagraph (A) of a certificate of transfer confirmation and reply to financial transaction information;

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

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 act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing additional damage by using the leased access medium for criminal acts.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, it is against the defendant's wrong recognition, there is no benefit acquired by the crime, and there is no record of criminal punishment, taking into account other factors such as sentencing conditions stipulated in Article 51 of the Criminal Act.

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