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(영문) 수원지방법원 2017.03.15 2016고단7139
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on September 2016, the Defendant: (a) sent to the Kwikseter’s office, who received a phone from a person without his/her name at the end of time, lent a medium of access to the account and acquired cash; and (b) sent a check card stating the password of the new bank account (C) opened in the name of the Defendant to the Kwikseter’s office, who sent the above name in front of the Defendant’s office located in Suwon-si, Suwon-si, Suwon-si, the Defendant agreed to receive KRW 3 million per access medium; and (c) sent it to the Kwikseter’s office.

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. Application of Acts and subordinate statutes on police statements made to D;

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

1. Selection of an alternative fine for punishment;

1. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is a means to facilitate other crimes against many unspecified persons, such as Bosing, etc. The fact that the Cze Card offered by the Defendant was used for the crime of Bosing, which actually ices a loan, the defendant expected a considerable benefit and transferred his cream card, the fact that the defendant is against the fault of the defendant, and the fact that the defendant is against the fault of the defendant, and the fact that the real profit gained by the crime is not significant.

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