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(영문) 수원지방법원 2018.03.21 2017고단7671
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, at around 14:00 on June 13, 2017, the Defendant promised to receive KRW 1,500,000 per unit in return for the loan from a post office located in the Dong-gu, Suwon-si, and agreed to receive KRW 1,500,000 per unit in return for the loan from an account to be used by the fund company, and lent a physical card connected to the name of the Defendant’s name bank account (C) and the national bank account (D) to the designated place by the non-name, while notifying the password by telephone and promising to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The fact that the physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, and that the Defendant reflects the wrongness of the Defendant.

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