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(영문) 수원지방법원 2018.12.06 2018고단5671
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 or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on June 18, 2018, the Defendant would pay money to the Defendant if he/she send a physical card to be used by the sports earth company from a person without his/her name.

“On the 22th of the following month following the receipt of letters, “A” lent access media by sending a physical card connected to the account under the name of the Defendant at Osan-dong Office located in Osan-dong, Osan-si to the account under the name of the Defendant, and one copy of the physical card connected to the new bank account under the name of the Defendant to parcel.

Summary of Evidence

1. Application of Acts and subordinate statutes to the details of the investigation report (report on the details of account transactions) by the defendant's legal statement D, seizure, search and inspection warrant, and replies;

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

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

In addition, the Defendant was punished several times including two times of imprisonment with prison labor and five times of suspended sentence, and was sentenced to one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) at the Cheongju District Court on December 19, 2014 and completed the execution of the sentence on July 22, 2015, and again committed the instant crime despite the existence of repeated crime during the period of repeated crime.

However, the defendant is wrong.

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