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(영문) 창원지방법원 통영지원 2018.02.01 2017고단1221
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on May 29, 2017, the Defendant received a call from a non-named person to “it is necessary to operate an Internet illegal soil site, and would pay KRW 3 million per month if one account is lent.” On the next day, the Defendant sent a physical card linked to the Defendant’s name (B) account and the Defendant’s corporate bank account (C) to Kwikset’s article, which is sent to Kwikset’s article.

As a result, the defendant promised to receive the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. A report on investigation (Attachment of entrance receipts) and a report on investigation (the result of execution of a warrant of search and seizure verification);

1. Search and seizure warrant, replys to a warrant of search and inspection, and financial reply materials;

1. Application of Acts and subordinate statutes on a petition;

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 act of lending the electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for a crime. In fact, the account connected with the access media leased by the Defendant was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that the defendant has no profit from this case.

In addition, the defendant has been under the suspension of the execution of imprisonment or the punishment of fine, but is the same crime.

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