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(영문) 춘천지방법원 강릉지원 2018.08.23 2018고단598
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on April 17, 2018, the Defendant listened to the speech that the Defendant “on the account of a third party’s physical card as a tax problem of a liquor company, the Defendant would give 3 million won per unit of the account if he/she lends the physical card to one week.” On April 17, 2018, the Defendant issued a debit card, which is the access media of the post office account (D) in the name of the Defendant, to the non-resident via the door-to-door service.

In this respect, the Defendant promised 3 million won in return for the promise and lent the access media to the name infinites.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of deposits;

1. Application of Acts and subordinate statutes to investigative reports (the response to financial transaction information to an addressee as a result of execution of a seizure warrant);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending of the access media for electronic financial transactions can be used as a means of other crimes, and thus, strictly punished: The above circumstances are divided into the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered by considering comprehensively the defendant's age, sex, environment, motive, means and consequence of the crime.

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