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(영문) 춘천지방법원 영월지원 2018.10.30 2018고단333
전자금융거래법위반
Text

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

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, or store, deliver or distribute any access medium in return for receiving, demanding, or promising to receive, demand, or promise any compensation.

Nevertheless, on April 24, 2018, the Defendant would lend 20% interest at 3 million won per annum when sending cash cards from a person who has no name to the name of the Defendant.

“In order to obtain a loan upon contact with the purport of “,” the Cock Card connected to the Defendant’s Saemaul Bank Account (Account Number C) in the street B in the same day, Kwikset Service Articles, through Kwikset Service Articles.

Accordingly, the defendant, in return for the intangible expected interest of future loans, lent the access media used in electronic financial transactions to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Photographs;

1. Account details;

1. Application of the statutes on dialogue details

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the instant crime, and the Defendant has no record of punishment for the same kind of crime, and the instant crime is a case of lending the access medium used for electronic financial transactions to the Defendant, and thus is likely to violate the safety and reliability of electronic financial transactions, not only infringing on the security and reliability of electronic financial transactions, but also is likely to be abused as a means of crime, such as telephone financial company, and the fact that the access medium leased by the Defendant was actually used for the secondary crime, and other unfavorable conditions of sentencing as shown in the records, such as the Defendant’s character, character, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime.

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