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(영문) 수원지방법원 2018.07.18 2018고단2874
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, 40 days.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on April 24, 2018, the Defendant promised to receive KRW 2,400,000,000 from a person whose name “D” was not known, to receive KRW 2,80,000,000 for each of the three-day usage fees between the account per account from a person who was unable to identify the name of “D”, and sent two physical card, which is one of each approaching media connected to the bank account in the name of the Defendant, to a Kakao Stockholm, and notified the account number and password to the Kakao Stockholm.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the Kakao Stockholm dialogue;

1. The identification of the amount of deposit and withdrawal;

1. Arrangement of door-to-door carriage stations;

1. A certificate of confirmation;

1. Application of Acts and subordinate statutes to investigative reports (A telephone recording statements and hearing reports);

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. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the sentencing range of KRW 100,000 per day) [the sentencing range] 20 million or less under the unfavorable circumstances: fine of KRW 20,000 or less (the sentencing decision] : there is a need to strictize the act of lending the access media which is the beginning of the Bosing crime; the Defendant’s act of lending the access media is the occurrence of actual fraud; the number of the leased access media is two favorable to the Defendant’s pecuniary gain; the number of the leased access media is the first offender who has no record of the crime; the account appears to have been partly recovered; and the Defendant’s age, occupation, environment, circumstances, details of the crime in this case; and the details of the crime after the crime in this case.

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