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(영문) 제주지방법원 2018.10.15 2017고단3128
전자금융거래법위반
Text

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

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

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, on December 2016, 2016, the Defendant received a proposal that “The Defendant would lend the head of the Tong to a third party for the purpose of tax exemption, 5% of the amount deposited and withdrawn at the face of the head of the Tong.” Around that time, the Defendant lent the access media by delivering two copies of the C Card, which is the access media of the Defendant’s name bank account (D) and the E Bank account (F), to the place designated by the said person in the name of the head of the Dong-si, Seopo-do, Seopo-si, Seopo-do, and then, notifying the password through telephone communications.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. An application for bank transactions (A);

1. Notification of data on current status of financial transactions (A) and the application of statutes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Criminal Procedure Act, shall be taken into account all of the conditions for sentencing specified in the instant pleadings, and in particular, the following circumstances shall be taken into account: A favorable circumstances: The Defendant committed a second offense even if he/she was punished by a fine of KRW 1 million due to a violation of the Electronic Financial Transactions Act around 2009; a physical card in the name of the Defendant was used for the mination fraud; and a second accessible medium is transferred.

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