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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1656
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on May 2018, the Defendant received a proposal from a person without his name, who was in the name of the Defendant in front of the residence of the Defendant located in Busan-gun, and received a proposal that “on the face of lending the physical card to be a liquor company, the Defendant would give KRW 200,000 won per 3 days per head,” and accepted it, and sent the physical card connected to the Saemaul Treasury Account (C) in the name of the Defendant using Kwikset’s Services, and notified the account number and password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on copies of police statements made to D;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: In the event of lending media access to electronic financial transactions, the reliability of the safety performance of the electronic financial transaction can not be undermined, and thus, the circumstances favorable to the need for strict punishment: The defendant is the first offender and shows an attitude against him/her; further, the defendant’s age, sex, environment, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined by taking into account various sentencing conditions in the trial process of this case, including the following factors.

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