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(영문) 수원지방법원 2018.11.29 2018고단6047
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 lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

On July 2018, the Defendant leased the access media to the account (B) opened in the name-based bank account in the name-based online service office in Suwon-si, Japan-si, Japan-si, Japan-si, the Defendant borrowed 2,400,000 won in return for lending the account from the non-name-based person who contacted through mobile text messages. The Defendant leased the access media by promising to deliver a copy of the physical card connected to the account (B) opened in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of C, D, E, F, G, and H;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2, 6 (3) 2, and 6 (3) of the Act on Electronic Financial Transactions for the Selection of Punishment, and Selection of Fines (to be punished by a fine in consideration of the fact that the defendant is the primary offender, but to be punished by a fine in consideration of the fact that the defendant has obtained the benefit of 2.7 million won as a result of the crime of this case);

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

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

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