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(영문) 부산지방법원 2018.06.18 2018고정675
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall lend or lend any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the accuracy and reliability of users and transaction details, with the promise of compensation.

Nevertheless, on November 27, 2016, the Defendant was offered to the first floor of the Geumcheon-gu Busan Metropolitan Government B building, and was offered to the Defendant that he would make a 3 million won per week by lending the e-mail card from a person in non-name, and delivered a e-mail card connected to the company bank account (C) in the name of the Defendant through Kwikset service.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

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;

2. Selection of a selective fine for punishment (to be considered in unfavorable circumstances, such as the fact that the circumstances after the crime are inferior, such as mixing the criminal investigation by making false statements at an investigative agency, and the fact that there exists any record of being sentenced to a suspended sentence of imprisonment due to fraud, etc.);

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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