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(영문) 광주지방법원 2018.04.20 2018고단570
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, the Defendant received a proposal from a person who misrepresented the director of the division B of the company B to “be paid at least KRW 3 million, a maximum of KRW 9.5 million in the month when he/she lends the passbook for the reduction of or exemption from taxes,” and accepted it. On December 8, 2017, at around 14:00, Bain Hwi-in, which is instigates-gu Hoon’s inciting the director of the company B’s name, sent one check card connected to the Defendant’s bank account in the name of the Defendant through Kwikset 107, and notified the password to Kwikset.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of entry and withdrawal transactions;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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. Taking into account the following: (a) recognition of the crime of sentencing under Article 334(1) of the Criminal Procedure Act as well as the reflection thereof; (b) absence of any previous record; and (c) there is no actual benefit acquired by lending an access medium.

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