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(영문) 춘천지방법원 강릉지원 2018.12.06 2018고단1004
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on July 2018, the Defendant is able to lend a loan from a person who is named as a "shot B chief" in his/her name, but lacks transaction performance.

Postal cards shall be sent in order to increase the transaction performance.

H. “Around 23, 10:00 on the 23th of the same month, at the street in front of the “D main office” located in Gangseo-si C, one head of the physical card connected to the Defendant’s name bank account under the name of the Defendant via Kwikset Service Articles, sent the password to the person in distress, and notified him of the password by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of remittance confirmation;

1. Application of Acts and subordinate statutes on transaction 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lease of access media for electronic financial transactions can be used as a means of other crimes and thus requires strict punishment: One's mistake is divided, and only one person has been punished once by a fine in 2008. The above circumstances include the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

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